House File 2323

                                       HOUSE FILE       
                                       BY  HUTTER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for election of an executive director by the
  2    state board of regents to act as the chief executive officer
  3    of the regents universities and providing for related matters.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5795HH 80
  6 kh/pj/5

PAG LIN

  1  1    Section 1.  Section 15.103, unnumbered paragraph 1, Code
  1  2 2003, is amended to read as follows:
  1  3    The Iowa economic development board is created, consisting
  1  4 of eleven voting members appointed by the governor and seven
  1  5 ex officio nonvoting members.  The ex officio nonvoting
  1  6 members are four legislative members; one president the
  1  7 executive director, or the president's designee, of the
  1  8 University of Northern Iowa, the University of Iowa, or Iowa
  1  9 State University of science and technology designated elected
  1 10 by the state board of regents on a rotating basis, or the
  1 11 executive director's designee; and one president, or the
  1 12 president's designee, of a private college or university
  1 13 appointed by the Iowa association of independent colleges and
  1 14 universities; and one superintendent, or the superintendent's
  1 15 designee, of a community college, appointed by the Iowa
  1 16 association of community college presidents.  The legislative
  1 17 members are two state senators, one appointed by the president
  1 18 of the senate, after consultation with the majority leader of
  1 19 the senate, and one appointed by the minority leader of the
  1 20 senate, after consultation with the president of the senate,
  1 21 from their respective parties; and two state representatives,
  1 22 one appointed by the speaker and one appointed by the minority
  1 23 leader of the house of representatives from their respective
  1 24 parties.  Not more than six of the voting members shall be
  1 25 from the same political party.  The secretary of agriculture
  1 26 shall be one of the voting members.  The governor shall
  1 27 appoint the remaining ten voting members of the board for a
  1 28 term of four years beginning and ending as provided by section
  1 29 69.19, subject to confirmation by the senate, and the
  1 30 governor's appointments shall include persons knowledgeable of
  1 31 the various elements of the department's responsibilities.
  1 32    Sec. 2.  Section 21.2, subsection 1, paragraph d, Code
  1 33 2003, is amended to read as follows:
  1 34    d.  Those multimembered bodies to which the state board of
  1 35 regents or a president of a university the executive director
  2  1 elected by the state board of regents has delegated the
  2  2 responsibility for the management and control of the
  2  3 intercollegiate athletic programs at the state universities.
  2  4    Sec. 3.  Section 84A.1A, subsection 1, Code 2003, is
  2  5 amended to read as follows:
  2  6    1.  An Iowa workforce development board is created,
  2  7 consisting of nine voting members appointed by the governor
  2  8 and eight ex officio nonvoting members.  The ex officio
  2  9 nonvoting members are four legislative members; one president
  2 10 or the president's designee of the university of northern
  2 11 Iowa, the university of Iowa, or Iowa state university of
  2 12 science and technology, designated executive director elected
  2 13 by the state board of regents on a rotating basis or the
  2 14 executive director's designee; one representative from the
  2 15 largest statewide public employees' organization representing
  2 16 state employees; one president or the president's designee of
  2 17 an independent Iowa college, appointed by the Iowa association
  2 18 of independent colleges and universities; and one
  2 19 superintendent or the superintendent's designee of a community
  2 20 college, appointed by the Iowa association of community
  2 21 college presidents.  The legislative members are two state
  2 22 senators, one appointed by the president of the senate, after
  2 23 consultation with the majority leader of the senate, and one
  2 24 appointed by the minority leader of the senate, after
  2 25 consultation with the president of the senate, from their
  2 26 respective parties; and two state representatives, appointed
  2 27 by the speaker after consultation with the majority and
  2 28 minority leaders of the house of representatives from their
  2 29 respective parties.  Not more than five of the voting members
  2 30 shall be from the same political party.  Of the nine voting
  2 31 members, one member shall represent a nonprofit organization
  2 32 involved in workforce development services, four members shall
  2 33 represent employers, and four members shall represent
  2 34 nonsupervisory employees.  Of the members appointed by the
  2 35 governor to represent nonsupervisory employees, two members
  3  1 shall be from statewide labor organizations, one member shall
  3  2 be an employee representative of a labor management council,
  3  3 and one member shall be a person with experience in worker
  3  4 training programs.  The governor shall consider
  3  5 recommendations from statewide labor organizations for the
  3  6 members representing nonsupervisory employees.  The governor
  3  7 shall appoint the nine voting members of the workforce
  3  8 development board for a term of four years beginning and
  3  9 ending as provided by section 69.19, subject to confirmation
  3 10 by the senate, and the governor's appointments shall include
  3 11 persons knowledgeable in the area of workforce development.
  3 12    Sec. 4.  Section 173.1, subsection 1, Code 2003, is amended
  3 13 to read as follows:
  3 14    1.  The governor of the state, the secretary of
  3 15 agriculture, and the president of the Iowa state university of
  3 16 science and technology executive director elected by the state
  3 17 board of regents, or their qualified representatives.
  3 18    Sec. 5.  Section 225B.4, subsection 1, paragraph h, Code
  3 19 2003, is amended by striking the paragraph and inserting in
  3 20 lieu thereof the following:
  3 21    h.  The executive director elected by the state board of
  3 22 regents, or the executive director's designee.
  3 23    Sec. 6.  Section 225B.4, subsection 1, paragraphs i and j,
  3 24 Code 2003, are amended by striking the paragraphs.
  3 25    Sec. 7.  Section 255.30, Code 2003, is amended to read as
  3 26 follows:
  3 27    255.30  COLLECTING AND SETTLING CLAIMS FOR CARE.
  3 28    Whenever a patient or person legally liable for the
  3 29 patient's care at the hospital has insurance, an estate,
  3 30 rights of action against others, or other assets, any of which
  3 31 can be subjected thereto, the university hospital, by its
  3 32 superintendent or the superintendent's assistants through the
  3 33 facilities of the attorney general's office, is hereby
  3 34 authorized to file claims, institute or defend suits in
  3 35 courts, and use such other legal means as may be available to
  4  1 collect accounts incurred for the care of indigent or private
  4  2 patients, and may compromise, settle and release the same, all
  4  3 under such rules and procedures therefor as may be prescribed
  4  4 by the president of the university executive director elected
  4  5 by the state board of regents and the attorney general.  If a
  4  6 county has paid any part of such patient's care a pro rata
  4  7 part of the amount collected, after deduction for cost of
  4  8 collection, shall be remitted to said county and the balance
  4  9 shall go into the hospital fund.
  4 10    Sec. 8.  Section 261.1, subsection 1, Code 2003, is amended
  4 11 to read as follows:
  4 12    1.  A member of the state board of regents to be named by
  4 13 the board, or the secretary thereof executive director elected
  4 14 by the board if so appointed by the board, who shall serve for
  4 15 a four=year term or until the expiration of the member's term
  4 16 of office.  Such member shall convene the organizational
  4 17 meeting of the commission.
  4 18    Sec. 9.  Section 262.8, Code 2003, is amended to read as
  4 19 follows:
  4 20    262.8  MEETINGS.
  4 21    The board shall meet four times a year.  Special meetings
  4 22 may be called by the board, by the president of the board, or
  4 23 by the secretary executive director of the board upon written
  4 24 request of any five members thereof of the board.
  4 25    Sec. 10.  Section 262.9, subsection 2, Code Supplement
  4 26 2003, is amended to read as follows:
  4 27    2.  Elect a president of each of the institutions of higher
  4 28 learning an executive director who shall be the chief
  4 29 executive officer of the institutions of higher learning
  4 30 governed by the board; a superintendent of each of the other
  4 31 institutions; a treasurer and a secretarial officer for each
  4 32 institution annually; professors, instructors, officers, and
  4 33 employees; and fix their compensation.  Sections 279.12
  4 34 through 279.19 and section 279.27 apply to employees of the
  4 35 Iowa braille and sight saving school and the state school for
  5  1 the deaf, who are licensed pursuant to chapter 272.  In
  5  2 following those sections in chapter 279, the references to
  5  3 boards of directors of school districts shall be interpreted
  5  4 to apply to the board of regents.
  5  5    Sec. 11.  Section 262.24, Code 2003, is amended to read as
  5  6 follows:
  5  7    262.24  REPORTS REPORT OF EXECUTIVE OFFICERS DIRECTOR.
  5  8    The executive officer of each of said institutions director
  5  9 shall, for each institution, on or before the first day of
  5 10 August of each even=numbered year, make a report to the board,
  5 11 setting forth such observations and recommendations as in the
  5 12 executive officer's director's judgment are for the benefit of
  5 13 the institution institutions, and also the executive officer's
  5 14 director's recommendations of a budget for the several
  5 15 colleges and departments of the each institution, in detail,
  5 16 and estimates of the amount of funds required therefor for the
  5 17 ensuing biennium.
  5 18    Sec. 12.  Section 262.26, Code 2003, is amended to read as
  5 19 follows:
  5 20    262.26  REPORT OF BOARD.
  5 21    The board shall, biennially, at the time provided by law,
  5 22 report to the governor and the legislature such facts,
  5 23 observations, and conclusions respecting each of such
  5 24 institutions as in the judgment of the board should be
  5 25 considered by the legislature.  Such report shall contain an
  5 26 itemized account of the receipts and expenditures of the
  5 27 board, and also the reports made to the board by the executive
  5 28 officers of director for the several institutions or a summary
  5 29 thereof, and shall submit budgets for biennial appropriations
  5 30 deemed necessary and proper to be made for the support of the
  5 31 several institutions and for the extraordinary and special
  5 32 expenditures for buildings, betterments, and other
  5 33 improvements.
  5 34    Sec. 13.  Section 262.34B, subsections 1 and 2, Code 2003,
  5 35 are amended to read as follows:
  6  1    1.  A student fee committee composed of five students and
  6  2 five university employees shall be established at each of the
  6  3 universities governed by the board as identified in section
  6  4 262.7, subsections 1 through 3.  The five student members of
  6  5 the student fee committee of each university shall be
  6  6 appointed by the recognized student government organization of
  6  7 each university.  The five university employees shall be
  6  8 appointed by the president of the university executive
  6  9 director.
  6 10    2.  The student fee committee shall consider any proposed
  6 11 student activity changes at the university and shall make
  6 12 recommendations concerning student activity fee changes to the
  6 13 president of the affected university for review no later than
  6 14 April 15 of the year which includes the subsequent academic
  6 15 period in which the proposed fee change will take effect.  The
  6 16 student fee committee shall provide a copy of its
  6 17 recommendations to the recognized student government
  6 18 organizations at each university and those organizations may
  6 19 review the recommendations and provide comment to the
  6 20 president of the university executive director and the state
  6 21 board of regents.  The president of the university executive
  6 22 director shall transmit the recommendations of the student fee
  6 23 committee and the president's executive director's endorsement
  6 24 or recommendation to the state board of regents for
  6 25 consideration.  The president of the university executive
  6 26 director shall transmit a copy of the president's executive
  6 27 director's endorsement or recommendation to the recognized
  6 28 student government organizations for the university.
  6 29    Sec. 14.  Section 262.58, Code 2003, is amended to read as
  6 30 follows:
  6 31    262.58  RATES AND TERMS OF BONDS OR NOTES.
  6 32    Such bonds or notes may bear such date or dates, may bear
  6 33 interest at such rate or rates, payable semiannually, may
  6 34 mature at such time or times, may be in such form, carry such
  6 35 registration privileges, may be payable at such place or
  7  1 places, may be subject to such terms of redemption prior to
  7  2 maturity with or without premium, if so stated on the face
  7  3 thereof, and may contain such terms and covenants all as may
  7  4 be provided by the resolution of the board authorizing the
  7  5 issuance of the bonds or notes.  In addition to the estimated
  7  6 cost of construction, the cost of the project shall be deemed
  7  7 to include interest upon the bonds or notes during
  7  8 construction and for six months after the estimated completion
  7  9 date, the compensation of a fiscal agent or adviser, and
  7 10 engineering, administrative and legal expenses.  Such bonds or
  7 11 notes shall be executed by the president of the state board of
  7 12 regents and attested by the secretary thereof executive
  7 13 director and the coupons thereto attached shall be executed
  7 14 with the original or facsimile signatures of said president
  7 15 and secretary executive director.  Any bonds or notes bearing
  7 16 the signatures of officers in office on the date of the
  7 17 signing thereof shall be valid and binding for all purposes,
  7 18 notwithstanding that before delivery thereof any or all such
  7 19 persons whose signatures appear thereon shall have ceased to
  7 20 be such officers.  Each such bond or note shall state upon its
  7 21 face the name of the institution on behalf of which it is
  7 22 issued, that it is payable solely and only from the net rents,
  7 23 profits and income derived from the operation of residence
  7 24 halls or dormitories, including dining and other incidental
  7 25 facilities, at such institution as hereinbefore provided, and
  7 26 that it does not constitute a charge against the state of Iowa
  7 27 within the meaning or application of any constitutional or
  7 28 statutory limitation or provision.  The issuance of such bonds
  7 29 or notes shall be recorded in the office of the treasurer of
  7 30 the institution on behalf of which the same are issued, and a
  7 31 certificate by such treasurer to this effect shall be printed
  7 32 on the back of each such bond or note.
  7 33    Sec. 15.  Section 262.78, subsection 3, Code 2003, is
  7 34 amended to read as follows:
  7 35    3.  The president of the university of Iowa, in
  8  1 consultation with the president of Iowa state university of
  8  2 science and technology, executive director shall employ a
  8  3 full=time director of the center.  The center may employ staff
  8  4 to carry out the center's purpose.  The director shall
  8  5 coordinate the agricultural health and safety programs of the
  8  6 center.  The director shall regularly meet and consult with
  8  7 the advisory committee to the center for rural health and
  8  8 primary care.  The director shall provide the board of regents
  8  9 with relevant information regarding the center.
  8 10    Sec. 16.  Section 262.92, subsection 2, Code 2003, is
  8 11 amended to read as follows:
  8 12    2.  The board of regents shall establish a voucher program
  8 13 for students in grades seven through twelve.  Vouchers may be
  8 14 obtained by any qualified secondary student at any regents'
  8 15 university upon completion of a college=bound program provided
  8 16 under subsection 1.  Students may receive one voucher for each
  8 17 program.  One or more vouchers entitle a student to priority
  8 18 over other persons applying for grants under the Iowa minority
  8 19 academic grants for economic success program established in
  8 20 section 261.101.  Vouchers shall be submitted with the grant
  8 21 application within one year after a student graduates from
  8 22 high school at any higher education institution which offers
  8 23 grants under the Iowa minority academic grants for economic
  8 24 success program.  Vouchers earned can only be used by the
  8 25 person who participated in the college=bound voucher program
  8 26 and are not transferable.  Vouchers issued by a university
  8 27 under this program shall be signed by the president of the
  8 28 university executive director.
  8 29    Sec. 17.  Section 262A.6, Code 2003, is amended to read as
  8 30 follows:
  8 31    262A.6  FORM AND CONDITION OF BONDS.
  8 32    Such bonds may bear such date or dates, may bear interest
  8 33 at such rate or rates, payable semiannually, may mature at
  8 34 such time or times, may be in such form and denominations, may
  8 35 carry such registration privileges, may be payable at such
  9  1 place or places, may be subject to such terms of redemption
  9  2 prior to maturity with or without premium, if so stated on the
  9  3 face thereof, and may contain such terms and covenants,
  9  4 including the establishment of reserves, all as may be
  9  5 provided by the resolution of the board authorizing the
  9  6 issuance of the bonds.  In addition to the estimated cost of
  9  7 construction, including site costs, the cost of the project
  9  8 may include interest upon the bonds during construction and
  9  9 for six months after the estimated completion date, the
  9 10 compensation of a fiscal agent or adviser, engineering,
  9 11 architectural, administrative and legal expenses and provision
  9 12 for contingencies.  Such bonds shall be executed by the
  9 13 president of the state board of regents and attested by the
  9 14 executive secretary director, secretary or other official
  9 15 thereof performing the duties of secretary, and the coupons
  9 16 thereto attached shall be executed with the original or
  9 17 facsimile signatures of said the president, executive
  9 18 secretary director, secretary or other official; provided,
  9 19 however, that the facsimile signature of either of such
  9 20 officers executing such bonds may be imprinted on the face of
  9 21 the bonds in lieu of the manual signature of such officer, but
  9 22 at least one of the signatures appearing on the face of each
  9 23 bond shall be a manual signature.  Any bonds bearing the
  9 24 signatures of officers in office on the date of the signing
  9 25 thereof shall be valid and binding for all purposes,
  9 26 notwithstanding that before delivery thereof any or all such
  9 27 persons whose signatures appear thereon shall have ceased to
  9 28 be such officers.  Each such bond shall state upon its face
  9 29 the name of the institution on behalf of which it is issued,
  9 30 that it is payable solely and only from the student fees and
  9 31 charges and institutional income received by such institution
  9 32 as hereinbefore provided, and that it does not constitute a
  9 33 debt of or charge against the state of Iowa within the meaning
  9 34 or application of any constitutional or statutory limitation
  9 35 or provision.  The issuance of such bonds shall be recorded in
 10  1 the office of the treasurer of the institution on behalf of
 10  2 which the same are issued, and a certificate by such treasurer
 10  3 to this effect shall be printed on the back of each such bond.
 10  4    Sec. 18.  Section 262A.6A, subsection 3, Code 2003, is
 10  5 amended to read as follows:
 10  6    3.  The bonds may bear a date or dates, may bear interest
 10  7 at a rate or rates, payable at a time or times, may mature at
 10  8 a time or times, may be in a form and denominations, may carry
 10  9 registration privileges, may be payable at a place or places,
 10 10 may be subject to terms of redemption prior to maturity with
 10 11 or without premium, if so stated on their face, and may
 10 12 contain terms and covenants, including the establishment of
 10 13 reserves, all as may be provided by the resolution of the
 10 14 board authorizing the issuance of the bonds.  In addition to
 10 15 the estimated cost of construction, including site costs, the
 10 16 cost of the project may include interest upon the bonds during
 10 17 construction and for six months after the estimated completion
 10 18 date, the compensation of a fiscal agent or adviser,
 10 19 engineering, architectural, administrative and legal expenses
 10 20 and provision for contingencies.  The bonds shall be executed
 10 21 by the president of the state board of regents and attested by
 10 22 the executive secretary director, secretary or other official
 10 23 of the state board performing the duties of secretary, and the
 10 24 coupons attached to the bonds shall be executed with the
 10 25 original or facsimile signatures of the president, executive
 10 26 secretary director, secretary or other official.  The
 10 27 facsimile signatures of the officers executing the bonds may
 10 28 be imprinted on the face of the bonds in lieu of the manual
 10 29 signature of the officer, but at least one of the signatures
 10 30 appearing on the face of each bond shall be a manual
 10 31 signature.  Bonds bearing the signatures of officers in office
 10 32 on the date of the signing are valid and binding for all
 10 33 purposes, notwithstanding that before delivery any or all of
 10 34 the persons whose signatures appear have ceased to be
 10 35 officers.  Each bond shall state upon its face the name of the
 11  1 institution on behalf of which it is issued, that it is
 11  2 payable solely and only from the student fees and charges and
 11  3 institutional income received by the institution, and that it
 11  4 does not constitute a debt of or charge against the state of
 11  5 Iowa within the meaning or application of a constitutional or
 11  6 statutory limitation or provision.  The issuance of these
 11  7 bonds shall be recorded in the office of the treasurer of the
 11  8 institution on behalf of which the bonds are issued, and a
 11  9 certificate by the treasurer to this effect shall be printed
 11 10 on the back of each bond.
 11 11    Sec. 19.  Section 263.6, Code 2003, is amended to read as
 11 12 follows:
 11 13    263.6  MANAGEMENT.
 11 14    The management and control of such institute shall be
 11 15 vested in a director appointed by the said state board of
 11 16 regents and an advisory board of seven members to be appointed
 11 17 by the president of the university executive director, elected
 11 18 by the state board of regents pursuant to section 262.9, from
 11 19 the faculty of the graduate college of said the university of
 11 20 Iowa.
 11 21    Sec. 20.  Section 263A.4, Code 2003, is amended to read as
 11 22 follows:
 11 23    263A.4  BONDS OR NOTES PROVISIONS.
 11 24    Such bonds or notes may bear such date or dates, may bear
 11 25 interest at such rate or rates, payable semiannually, may
 11 26 mature at such time or times, may be in such form and
 11 27 denominations, carry such registration privileges, may be
 11 28 payable at such place or places, may be subject to such terms
 11 29 of redemption prior to maturity with or without premium, if so
 11 30 stated on the face thereof, and may contain such terms and
 11 31 covenants, including the establishment of reserves, all as may
 11 32 be provided by the resolution of the board authorizing the
 11 33 issuance of the bonds or notes.  In addition to the estimated
 11 34 cost of construction, including site costs, the cost of the
 11 35 project may include interest upon the bonds or notes during
 12  1 construction and for six months after the estimated completion
 12  2 date, the compensation of a fiscal agent or adviser,
 12  3 engineering, architectural, administrative, and legal expenses
 12  4 and provision for contingencies.  Such bonds or notes shall be
 12  5 executed by the president of the state board of regents and
 12  6 attested by the executive secretary director, secretary, or
 12  7 other official thereof performing the duties of secretary, and
 12  8 the coupons thereto attached shall be executed with the
 12  9 original or facsimile signatures of said president, executive
 12 10 secretary director, secretary, or other official; provided,
 12 11 however, that the facsimile signature of either of such
 12 12 officers executing such bonds may be imprinted on the face of
 12 13 the bonds in lieu of the manual signature of such officer, but
 12 14 at least one of the signatures appearing on the face of each
 12 15 bond shall be a manual signature.  Any bonds or notes bearing
 12 16 the signatures of officers in office on the date of the
 12 17 signing thereof shall be valid and binding for all purposes,
 12 18 notwithstanding that before delivery thereof any or all such
 12 19 persons whose signatures appear thereon shall have ceased to
 12 20 be such officers.  Each such bond or note shall state upon its
 12 21 face the name of the institution on behalf of which it is
 12 22 issued, that it is payable solely and only from hospital
 12 23 income received by such institution as provided in this
 12 24 chapter, and that it does not constitute a debt of or charge
 12 25 against the state of Iowa within the meaning or application of
 12 26 any constitutional or statutory limitation or provision.  The
 12 27 issuance of such bonds or notes shall be recorded in the
 12 28 office of the treasurer of the institution, and a certificate
 12 29 by such treasurer to this effect shall be printed on the back
 12 30 of each such bond or note.
 12 31    Sec. 21.  Section 266.31, unnumbered paragraph 2, Code
 12 32 2003, is amended to read as follows:
 12 33    The president of the university executive director elected
 12 34 by the state board of regents shall appoint the director of
 12 35 the center and assistants as are deemed necessary to carry on
 13  1 the work of the center.  The president executive director
 13  2 shall fix the salaries of the director and assistants with the
 13  3 approval of the board.
 13  4    Sec. 22.  Section 266.39, subsection 3, paragraphs a, b,
 13  5 and c, Code 2003, are amended to read as follows:
 13  6    a.  Three persons from Iowa state university of science and
 13  7 technology, appointed by its president the executive director
 13  8 elected by the state board of regents.
 13  9    b.  Two persons from the state university of Iowa,
 13 10 appointed by its president the executive director elected by
 13 11 the state board of regents.
 13 12    c.  Two persons from the university of northern Iowa,
 13 13 appointed by its president the executive director elected by
 13 14 the state board of regents.
 13 15    Sec. 23.  Section 266.39, subsection 3, paragraph h,
 13 16 subparagraph (4), unnumbered paragraph l, Code 2003, is
 13 17 amended to read as follows:
 13 18    The terms of the members shall begin and end as provided in
 13 19 section 69.19 and any vacancy shall be filled by the original
 13 20 appointing authority.  The terms shall be for four years and
 13 21 shall be staggered as determined by the president of Iowa
 13 22 state university of science and technology executive director
 13 23 elected by the state board of regents.  The members appointed
 13 24 by the titular heads of agricultural organizations shall be
 13 25 reimbursed for actual and necessary expenses incurred while
 13 26 engaged in their official duties, but shall not be entitled to
 13 27 per diem compensation as authorized under section 7E.6.
 13 28    Sec. 24.  Section 266.39, subsection 4, unnumbered
 13 29 paragraph 1, Code 2003, is amended to read as follows:
 13 30    The Iowa agricultural and home economics experiment station
 13 31 shall employ a director for the center, who shall be appointed
 13 32 by the president of Iowa state university of science and
 13 33 technology executive director elected by the state board of
 13 34 regents.  The director of the center shall employ the
 13 35 necessary research and support staff.  The director and staff
 14  1 shall be employees of Iowa state university of science and
 14  2 technology.  No more than five hundred thousand dollars of the
 14  3 funds received from the agriculture management account
 14  4 annually shall be expended by the center for the salaries and
 14  5 benefits of the employees of the center, including the salary
 14  6 and benefits of the director.  The remainder of the funds
 14  7 received from the agriculture management account shall be used
 14  8 to sponsor research grants and projects on a competitive basis
 14  9 from Iowa colleges and universities and private nonprofit
 14 10 agencies and foundations.  The center may also solicit
 14 11 additional grants and funding from public and private
 14 12 nonprofit agencies and foundations.
 14 13    Sec. 25.  Section 266.39, subsection 5, Code 2003, is
 14 14 amended to read as follows:
 14 15    5.  The board shall provide the president of Iowa state
 14 16 university of science and technology executive director
 14 17 elected by the state board of regents with a list of three
 14 18 candidates from which the director of the center shall be
 14 19 selected.  The board shall provide an additional list of three
 14 20 candidates if requested by the president executive director.
 14 21 The board shall advise the director of the center in the
 14 22 development of a budget, on the policies and procedures of the
 14 23 center, in the funding of research grant proposals, and
 14 24 regarding program planning and review.
 14 25    Sec. 26.  Section 266.39C, subsection 2, paragraph a, Code
 14 26 2003, is amended by striking the paragraph and inserting in
 14 27 lieu there of the following:
 14 28    a.  One person from each of the institutions of higher
 14 29 learning under the control of the state of regents, appointed
 14 30 by the executive director elected by the state board of
 14 31 regents.
 14 32    Sec. 27.  Section 266.39C, subsection 2, paragraphs b and
 14 33 c, Code 2003, are amended by striking the paragraphs.
 14 34    Sec. 28.  section 266.39C, subsection 2, unnumbered
 14 35 paragraph 2, Code 2003, is amended to read as follows:
 15  1    The terms of the members shall begin and end as provided in
 15  2 section 69.19 and any vacancy shall be filled by the original
 15  3 appointing authority.  The terms shall be for four years and
 15  4 shall be staggered as determined by the president of Iowa
 15  5 state university of science and technology executive director
 15  6 elected by the state board of regents.
 15  7    Sec. 29.  Section 266.39C, subsection 3, unnumbered
 15  8 paragraph 1, Code 2003, is amended to read as follows:
 15  9    3.  Iowa state university of science and technology shall
 15 10 employ a director for the center, who shall be appointed by
 15 11 the president of Iowa state university of science and
 15 12 technology executive director elected by the state board of
 15 13 regents.  The director of the center shall employ necessary
 15 14 research and support staff.  The director and staff shall be
 15 15 employees of Iowa state university of science and technology.
 15 16 No more than seven hundred thousand dollars of the funds made
 15 17 available by appropriation from state revenues in any one year
 15 18 shall be expended by the center for the salaries and benefits
 15 19 of the employees of the center, including the salary and
 15 20 benefits of the director.  The limit on expenditures for
 15 21 salaries and benefits shall be adjusted annually by a
 15 22 percentage equal to the average percentage salary adjustment
 15 23 approved annually by the state board of regents for
 15 24 professional and scientific employees at Iowa state university
 15 25 of science and technology.  The remainder of the funds
 15 26 appropriated from state funds shall be used to sponsor
 15 27 research grants and projects submitted on a competitive basis
 15 28 by Iowa colleges and universities and private nonprofit
 15 29 agencies and foundations.  The center may also solicit
 15 30 additional grants and funding from public and private
 15 31 nonprofit agencies and foundations.
 15 32    Sec. 30.  Section 266.39C, subsection 4, Code 2003, is
 15 33 amended to read as follows:
 15 34    4.  The advisory council shall provide the president of
 15 35 Iowa state university of science and technology executive
 16  1 director elected by the state board of regents with a list of
 16  2 three candidates from which the director of the center shall
 16  3 be selected.  The council shall provide an additional list of
 16  4 three candidates if requested by the president executive
 16  5 director.  The council shall advise the director in the
 16  6 development of a budget, on the policies and procedures of the
 16  7 center, in the funding of research grant proposals, and
 16  8 regarding program planning and review.
 16  9    Sec. 31.  Section 461A.16, Code 2003, is amended to read as
 16 10 follows:
 16 11    461A.16  LANDSCAPE ARCHITECT.
 16 12    The commission may call upon the Iowa State University of
 16 13 science and technology for the services of at least one
 16 14 competent landscape architect, engineer, or gardener, who
 16 15 shall, under the direction of the commission, proceed to work
 16 16 with it in the improvement of the state property under the
 16 17 control of said commission.  The president of said university
 16 18 executive director elected by the state board of regents
 16 19 shall, when called upon, designate the landscape architect,
 16 20 engineer, or gardener, as the case may be, who shall work with
 16 21 said commission.
 16 22                           EXPLANATION
 16 23    This bill replaces a requirement that the state board of
 16 24 regents elect a president of each regents university with a
 16 25 requirement that the board elect an executive director who is
 16 26 to serve as the chief executive officer of the regents
 16 27 universities.  The bill makes conforming changes as necessary.
 16 28 LSB 5795HH 80
 16 29 kh/pj/5.1