House File 845 - Introduced
HOUSE FILE
BY GIPP and MURPHY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to appointments by members of the general
2 assembly to statutory boards, commissions, councils, and
3 committees, abolishing certain related entities, and including
4 effective date and applicability provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 3556HH 81
7 rj/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 2.32A APPOINTMENTS BY MEMBERS OF
1 2 THE GENERAL ASSEMBLY TO STATUTORY BOARDS, COMMISSIONS,
1 3 COUNCILS, AND COMMITTEES.
1 4 1. A member of the general assembly who is charged with
1 5 making an appointment to a statutory board, commission,
1 6 council, or committee shall make the appointment in accordance
1 7 with section 69.16B. If multiple appointing members are
1 8 charged with making appointments of public members to the same
1 9 board, commission, council, or committee, including as
1 10 provided in sections 333A.2 and 455A.8, the appointing members
1 11 shall consult with one another in making the appointments.
1 12 2. Each appointing member shall inform each appointee and
1 13 each affected board, commission, council, or committee of the
1 14 appointment and of the term of the appointment.
1 15 3. Each appointing member shall also inform the secretary
1 16 of the senate and the chief clerk of the house, as
1 17 appropriate, and the director of the legislative services
1 18 agency of the appointment. The legislative services agency
1 19 shall maintain an up=to=date listing of all appointments made
1 20 or to be made by members of the general assembly.
1 21 Sec. 2. Section 2.45, subsection 5, Code 2005, is amended
1 22 by striking the subsection.
1 23 Sec. 3. Section 2A.4, Code 2005, is amended by adding the
1 24 following new subsection:
1 25 NEW SUBSECTION. 12. Maintenance of an up=to=date listing
1 26 of all appointments made or to be made by members of the
1 27 general assembly as required by section 2.32A and in
1 28 accordance with section 69.16B. The legislative services
1 29 agency may post on the general assembly's internet website
1 30 information regarding the organization and activities of
1 31 boards, commissions, councils, and committees to which members
1 32 of the general assembly make appointments.
1 33 Sec. 4. Section 2D.3, Code 2005, is amended to read as
1 34 follows:
1 35 2D.3 LEGISLATIVE BRANCH PROTOCOL OFFICER.
2 1 The legislative services agency shall employ a legislative
2 2 branch protocol officer to coordinate activities related to
2 3 state, national, and international visitors to the state
2 4 capitol or with an interest in the general assembly, and
2 5 related to travel of members of the general assembly abroad.
2 6 The protocol officer shall serve in a consultative capacity
2 7 and shall provide staff support to the international relations
2 8 advisory council. The protocol officer shall also work with
2 9 the executive branch protocol officer to coordinate state,
2 10 national, and international relations activities. The
2 11 legislative branch protocol officer shall submit periodic
2 12 reports to the international relations committee of the
2 13 legislative council regarding the visits of state, national,
2 14 and international visitors and regarding international
2 15 activities.
2 16 Sec. 5. Section 2D.4, Code 2005, is amended to read as
2 17 follows:
2 18 2D.4 EXECUTIVE BRANCH PROTOCOL OFFICER.
2 19 The lieutenant governor, or the lieutenant governor's
2 20 designee, shall be the executive branch protocol officer. The
2 21 protocol officer shall serve in a consultative capacity to the
2 22 international relations advisory council. The protocol
2 23 officer shall work with the international relations committee
2 24 of the legislative council and the legislative branch protocol
2 25 officer in developing and implementing protocol for state,
2 26 national, and international visitors to the state capitol and
2 27 in improving coordination between the legislative and
2 28 executive branches in international relations activities.
2 29 Sec. 6. Section 7E.7, subsection 1, Code 2005, is amended
2 30 to read as follows:
2 31 1. The Iowa finance authority and the Iowa economic
2 32 protective and investment authority shall be considered parts
2 33 part of the Iowa department of economic development. The Iowa
2 34 department of economic development may provide staff
2 35 assistance and administrative support to the authorities
3 1 authority.
3 2 Sec. 7. Section 8A.121, subsection 2, paragraph b, Code
3 3 2005, is amended to read as follows:
3 4 b. If the department determines that it shall be the sole
3 5 provider of a service, the department shall establish, by
3 6 rule, a customer council responsible for overseeing
3 7 departmental operations with regard to the service provided to
3 8 ensure that the department meets the needs of affected
3 9 governmental entities and the citizens those entities serve.
3 10 The rules adopted shall provide, at a minimum, for the method
3 11 of appointment of members to the council by governmental
3 12 entities required to receive the service from the department
3 13 and for the powers and duties of the council as it relates to
3 14 the service provided, which shall include the authority of
3 15 approving, on an annual basis, business plans submitted by the
3 16 department for performance of the service, the procedure for
3 17 resolving complaints concerning the service provided, and the
3 18 procedure for setting rates for the service. In addition, if
3 19 the service to be provided may also be provided to the
3 20 judicial branch and legislative branch, then the rules shall
3 21 provide that the chief justice of the supreme court and the
3 22 legislative council may, in their the chief justice's
3 23 discretion, each appoint a member to the applicable customer
3 24 council. If the service to be provided may also be provided
3 25 to the legislative branch, the rules shall allow
3 26 representatives of the senate, house of representatives,
3 27 legislative services agency, and office of citizens' aide to
3 28 provide information to and seek information from the customer
3 29 council prior to the customer council's action that may affect
3 30 the legislative branch.
3 31 Sec. 8. Section 8A.204, subsection 1, paragraph a, Code
3 32 2005, is amended to read as follows:
3 33 a. The information technology council is composed of
3 34 fourteen ten members including the following:
3 35 (1) The chairperson of the IowAccess advisory council
4 1 established in section 8A.221, or the chairperson's designee.
4 2 (2) Two executive branch department heads appointed by the
4 3 governor.
4 4 (3) Six persons appointed by the governor who are
4 5 knowledgeable in information technology matters.
4 6 (4) One person representing the judicial branch appointed
4 7 by the chief justice of the supreme court who shall serve in
4 8 an ex officio, nonvoting capacity.
4 9 (5) Four members of the general assembly with not more
4 10 than one member from each house being from the same political
4 11 party. The two senators shall be designated by the president
4 12 of the senate after consultation with the majority and
4 13 minority leaders of the senate. The two representatives shall
4 14 be designated by the speaker of the house of representatives
4 15 after consultation with the majority and minority leaders of
4 16 the house of representatives. Legislative members shall serve
4 17 in an ex officio, nonvoting capacity. A legislative member is
4 18 eligible for per diem and expenses as provided in section
4 19 2.10.
4 20 The information technology council shall allow
4 21 representatives of the senate, house of representatives,
4 22 legislative services agency, and office of citizens' aide to
4 23 provide information to and seek information from the council.
4 24 Sec. 9. Section 8A.221, subsection 3, paragraph a, Code
4 25 2005, is amended to read as follows:
4 26 a. The advisory council shall be composed of nineteen
4 27 fourteen members including the following:
4 28 (1) Five persons appointed by the governor representing
4 29 the primary customers of IowAccess.
4 30 (2) Six Five persons representing lawful custodians as
4 31 follows:
4 32 (a) One person representing the legislative branch, who
4 33 shall not be a member of the general assembly, to be appointed
4 34 jointly by the president of the senate, after consultation
4 35 with the majority and minority leaders of the senate, and by
5 1 the speaker of the house of representatives, after
5 2 consultation with the majority and minority leaders of the
5 3 house of representatives.
5 4 (b) (a) One person representing the judicial branch as
5 5 designated by the chief justice of the supreme court.
5 6 (c) (b) One person representing the executive branch as
5 7 designated by the governor.
5 8 (d) (c) One person to be appointed by the governor
5 9 representing cities who shall be actively engaged in the
5 10 administration of a city.
5 11 (e) (d) One person to be appointed by the governor
5 12 representing counties who shall be actively engaged in the
5 13 administration of a county.
5 14 (f) (e) One person to be appointed by the governor
5 15 representing the federal government.
5 16 (3) Four members to be appointed by the governor
5 17 representing a cross section of the citizens of the state.
5 18 (4) Four members of the general assembly, two from the
5 19 senate and two from the house of representatives, with not
5 20 more than one member from each chamber being from the same
5 21 political party. The two senators shall be designated by the
5 22 president of the senate after consultation with the majority
5 23 and minority leaders of the senate. The two representatives
5 24 shall be designated by the speaker of the house of
5 25 representatives after consultation with the majority and
5 26 minority leaders of the house of representatives. Legislative
5 27 members shall serve in an ex officio, nonvoting capacity. A
5 28 legislative member is eligible for per diem and expenses as
5 29 provided in section 2.10.
5 30 The advisory council shall allow representatives of the
5 31 senate, house of representatives, legislative services agency,
5 32 and office of citizens' aide to provide information to and
5 33 seek information from the advisory council.
5 34 Sec. 10. Section 12.28, subsection 1, paragraph b, Code
5 35 2005, is amended to read as follows:
6 1 b. "State agency" means a board, commission, bureau,
6 2 division, office, department, or branch of state government.
6 3 However, state agency does not mean the state board of
6 4 regents, institutions governed by the board of regents, or
6 5 authorities created under chapter 16, 16A, 175, 257C, 261A, or
6 6 327I.
6 7 Sec. 11. Section 12.30, subsection 1, paragraph a, Code
6 8 2005, is amended to read as follows:
6 9 a. "Authority" means a department, or public or quasi=
6 10 public instrumentality of the state including, but not limited
6 11 to, the authority created under chapter 12E, 16, 16A, 175,
6 12 257C, 261A, or 327I, which has the power to issue obligations,
6 13 except that "authority" does not include the state board of
6 14 regents or the Iowa finance authority to the extent it acts
6 15 pursuant to chapter 260C.
6 16 Sec. 12. Section 13B.2A, Code 2005, is amended to read as
6 17 follows:
6 18 13B.2A INDIGENT DEFENSE ADVISORY COMMISSION.
6 19 An indigent defense advisory commission is established
6 20 within the department to advise and make recommendations to
6 21 the legislature and the state public defender regarding the
6 22 hourly rates paid to court=appointed counsel and per case fee
6 23 limitations. These recommendations shall be consistent with
6 24 the constitutional requirement to provide effective assistance
6 25 of counsel to those indigent persons for whom the state is
6 26 required to provide counsel.
6 27 The advisory commission shall consist of five seven
6 28 members. The governor shall appoint three members, including
6 29 one member from nominations by the Iowa state bar association
6 30 and one member from nominations by the supreme court. Two
6 31 Four members, one two from each chamber of the general
6 32 assembly, shall be appointed, with no more than one appointed
6 33 from the same political party from each chamber. Each member
6 34 shall serve a three=year term, with initial terms to be
6 35 staggered, except that legislative members shall serve for
7 1 terms as provided in section 69.16B. No more than three
7 2 members shall be licensed to practice law in Iowa. The state
7 3 public defender shall serve as an ex officio member of the
7 4 commission and shall serve as the nonvoting chair of the
7 5 commission.
7 6 The members of the commission are entitled to receive
7 7 reimbursement for actual expenses incurred as provided for in
7 8 section 7E.6, subsection 2, while engaged in the performance
7 9 of the duties of the commission. A legislative member is
7 10 eligible for per diem and expenses as provided in section
7 11 2.10.
7 12 The advisory commission shall file a written report every
7 13 three years with the governor and the general assembly by
7 14 January 1 of a year in which a report is due regarding the
7 15 recommendations and activities of the commission. The first
7 16 such report shall be due on January 1, 2003.
7 17 Sec. 13. Section 15E.63, subsection 2, Code 2005, is
7 18 amended to read as follows:
7 19 2. The board shall consist of five voting members and two
7 20 four nonvoting advisory members. The five voting members
7 21 shall be appointed by the governor and confirmed by the senate
7 22 pursuant to section 2.32. The five voting members shall be
7 23 appointed to five=year staggered terms that shall be
7 24 structured to allow the term of one member to expire each
7 25 year. One nonvoting member shall be appointed by the majority
7 26 leader of the senate after consultation with the president of
7 27 the senate and the minority leader of the senate and one
7 28 nonvoting member shall be appointed by the minority leader of
7 29 the senate after consultation with the president and the
7 30 majority leader of the senate. One Two nonvoting member
7 31 members shall be appointed by the speaker of the house of
7 32 representatives after consultation with the majority and
7 33 minority leaders of the house of representatives. The
7 34 nonvoting members shall be appointed for two=year serve terms
7 35 which shall expire upon the convening of a new general
8 1 assembly as provided in section 69.16B. Vacancies shall be
8 2 filled in the same manner as the appointment of the original
8 3 members. Members shall be compensated by the board for direct
8 4 expenses and mileage but members shall not receive a
8 5 director's fee, per diem, or salary for service on the board.
8 6 Members shall be selected based upon demonstrated expertise
8 7 and competence in the supervision of investment managers, in
8 8 the fiduciary management of investment funds, or in the
8 9 management and administration of tax credit allocation
8 10 programs. Members shall not have an interest in any person to
8 11 whom a tax credit is allocated and issued by the board.
8 12 Sec. 14. Section 17A.8, subsection 2, Code 2005, is
8 13 amended to read as follows:
8 14 2. A committee member shall be appointed prior to the
8 15 adjournment convening of a the first regular session convened
8 16 in an odd=numbered year of each general assembly. The term of
8 17 office shall be for four years as provided in section 69.16B
8 18 beginning May 1 of the year of appointment upon the convening
8 19 of the first regular session of each general assembly.
8 20 However, a member shall serve until a successor is appointed.
8 21 A vacancy on the committee shall be filled by the original
8 22 appointing authority for the remainder of the term. A vacancy
8 23 shall exist whenever a committee member ceases to be a member
8 24 of the house from which the member was appointed.
8 25 Sec. 15. Section 18A.2, subsections 2 and 3, Code 2005,
8 26 are amended to read as follows:
8 27 2. The legislative members of the commission shall be
8 28 appointed to four=year terms of office, two of which shall
8 29 expire every two years as provided in section 69.16B, unless
8 30 sooner terminated by a commission member ceasing to be a
8 31 member of the general assembly. Vacancies shall be filled by
8 32 appointment of the speaker of the house or the president of
8 33 the senate, after consultation with the majority leader and
8 34 the minority leader of the senate, as the case may be, for the
8 35 unexpired term of their predecessors.
9 1 3. The term of office of each appointive voting member of
9 2 the commission shall begin on the first of May of the odd=
9 3 numbered year in which the member is appointed.
9 4 Sec. 16. Section 28.3, subsection 4, Code 2005, is amended
9 5 to read as follows:
9 6 4. In addition to the voting members, the Iowa board shall
9 7 include six four members of the general assembly with not more
9 8 than two members one member from each chamber being from the
9 9 same political party. The three two senators shall be
9 10 appointed by the majority leader of the senate after
9 11 consultation with the president of the senate and the minority
9 12 leader of the senate. The three two representatives shall be
9 13 appointed by the speaker of the house of representatives after
9 14 consultation with the majority and minority leaders of the
9 15 house of representatives. Legislative members shall serve in
9 16 an ex officio, nonvoting capacity. A legislative member is
9 17 eligible for per diem and expenses as provided in section
9 18 2.10.
9 19 Sec. 17. NEW SECTION. 69.16B APPOINTMENTS BY MEMBERS OF
9 20 GENERAL ASSEMBLY TO STATUTORY BOARDS, COMMISSIONS, COUNCILS,
9 21 AND COMMITTEES == TERMS.
9 22 Unless otherwise specifically provided by law, an
9 23 appointment to a statutory board, commission, council, or
9 24 committee made by a member or members of the general assembly
9 25 pursuant to section 2.32A shall be at the pleasure of the
9 26 appointing member but in no event for longer than a two=year
9 27 term which shall expire upon the convening of the following
9 28 general assembly, or when the appointee's successor is
9 29 appointed, whichever occurs later. Unless otherwise provided,
9 30 a vacancy exists if a member of the general assembly serving
9 31 on a statutory board, commission, council, or committee ceases
9 32 to be a member of the general assembly. A vacancy shall be
9 33 filled for the unexpired portion of the term in the same
9 34 manner as the original appointment.
9 35 Sec. 18. Section 80B.6, unnumbered paragraph 2, Code 2005,
10 1 is amended to read as follows:
10 2 One senator appointed by the president of the senate after
10 3 consultation with the majority leader and the minority leader
10 4 of the senate and one representative, one senator appointed by
10 5 the minority leader of the senate after consultation with the
10 6 president and the majority leader of the senate, and two
10 7 representatives appointed by the speaker of the house after
10 8 consultation with the majority and minority leaders of the
10 9 house of representatives are also ex officio, nonvoting
10 10 members of the council who shall serve terms as provided in
10 11 section 69.16B.
10 12 Sec. 19. Section 216A.53, Code 2005, is amended to read as
10 13 follows:
10 14 216A.53 TERM OF OFFICE.
10 15 Four of the members appointed to the initial commission
10 16 shall be designated by the governor to serve two=year terms,
10 17 and five shall be designated by the governor to serve four=
10 18 year terms. The legislative members of the commission shall
10 19 be appointed to four=year terms of office, two of which shall
10 20 expire every two years as provided in section 69.16B, unless
10 21 sooner terminated by a commission member ceasing to be a
10 22 member of the general assembly. Succeeding appointments of
10 23 voting members shall be for a term of four years. Vacancies
10 24 in the membership shall be filled for the unexpired term in
10 25 the same manner as the original appointment.
10 26 Sec. 20. Section 216A.132, unnumbered paragraph 3, Code
10 27 2005, is amended to read as follows:
10 28 The chief justice of the supreme court shall appoint two
10 29 additional members currently serving as district judges. Two
10 30 members of the senate and two members of the house of
10 31 representatives shall be ex officio members and shall be
10 32 appointed by the majority and minority leaders of the senate
10 33 and the speaker and minority leader of the house of
10 34 representatives pursuant to section 69.16 and shall serve
10 35 terms as provided in section 69.16B. Members Nonlegislative
11 1 members appointed pursuant to this paragraph shall serve for
11 2 four=year terms beginning and ending as provided in section
11 3 69.19 unless the member ceases to serve as a district court
11 4 judge or as a member of the senate or of the house of
11 5 representatives.
11 6 Sec. 21. Section 225C.5, subsection 1, paragraph j, Code
11 7 2005, is amended to read as follows:
11 8 j. In addition to the voting members, the membership shall
11 9 include four members of the general assembly with one member
11 10 designated by each of the following: the majority leader of
11 11 the senate, the minority leader of the senate, the speaker of
11 12 the house of representatives, and the minority leader of the
11 13 house of representatives. A legislative member serves for a
11 14 term as provided in section 69.16B in an ex officio, nonvoting
11 15 capacity and is eligible for per diem and expenses as provided
11 16 in section 2.10.
11 17 Sec. 22. Section 225C.48, subsection 1, Code 2005, is
11 18 amended to read as follows:
11 19 1. An eleven=member personal assistance and family support
11 20 services council is created in the department. The members of
11 21 the council shall be appointed by the following officials as
11 22 follows: governor, five members; majority leader of the
11 23 senate, three members; and speaker of the house, three
11 24 members. At least three five of the governor's appointments
11 25 and one of each legislative chamber's appointments shall be a
11 26 family member of an individual with a disability as defined in
11 27 section 225C.47. At least five one of the members shall be
11 28 consumers a consumer of personal services. Members shall
11 29 serve for three=year staggered terms. A vacancy on the
11 30 council shall be filled in the same manner as the original
11 31 appointment. The members of the council shall be entitled to
11 32 reimbursement of actual and necessary expenses incurred in the
11 33 performance of their official duties. The council shall elect
11 34 officers from among the council's members.
11 35 Sec. 23. Section 231.12, Code 2005, is amended to read as
12 1 follows:
12 2 231.12 TERMS.
12 3 All members of the commission appointed by the governor
12 4 shall be appointed for terms of four years, with staggered
12 5 expiration dates. The terms of office of members appointed by
12 6 the governor shall commence and end as provided by section
12 7 69.19. Members of the commission appointed by the president
12 8 of the senate and the speaker of the house of representatives
12 9 shall serve terms of office as provided in section 69.16B. A
12 10 vacancy on the commission shall be filled for the unexpired
12 11 term of the vacancy in the same manner as the original
12 12 appointment was made. If a legislative member ceases to be a
12 13 member of the general assembly the legislative member may
12 14 continue to serve until a successor is appointed.
12 15 Sec. 24. Section 237A.21, subsection 3, paragraph m, Code
12 16 2005, is amended to read as follows:
12 17 m. Two Four legislators appointed in a manner so that both
12 18 chambers and both major political parties are represented.
12 19 Sec. 25. Section 249A.4, subsection 8, unnumbered
12 20 paragraph 1, Code 2005, is amended to read as follows:
12 21 Shall advise and consult at least semiannually with a
12 22 council composed of the presidents of the following
12 23 organizations, or a president's representative who is a member
12 24 of the organization represented by the president: the Iowa
12 25 medical society, the Iowa osteopathic medical association, the
12 26 Iowa academy of family physicians, the Iowa chapter of the
12 27 American academy of pediatrics, the Iowa physical therapy
12 28 association, the Iowa dental association, the Iowa nurses
12 29 association, the Iowa pharmacy association, the Iowa podiatric
12 30 medical society, the Iowa optometric association, the Iowa
12 31 association of community providers, the Iowa psychological
12 32 association, the Iowa psychiatric society, the Iowa chapter of
12 33 the national association of social workers, the Iowa hospital
12 34 association, the Iowa association of rural health clinics, the
12 35 opticians' association of Iowa, inc., the Iowa association of
13 1 hearing health professionals, the Iowa speech and hearing
13 2 association, the Iowa health care association, the Iowa
13 3 association for home care, the Iowa council of health care
13 4 centers, the Iowa physician assistant society, the Iowa
13 5 association of nurse practitioners, the Iowa occupational
13 6 therapy association, the Iowa association of homes and
13 7 services for the aging, the ARC of Iowa which was formerly
13 8 known as the association for retarded citizens of Iowa, the
13 9 alliance for the mentally ill of Iowa, Iowa state association
13 10 of counties, and the governor's developmental disabilities
13 11 council, together with one person designated by the Iowa
13 12 chiropractic society; one state representative from each of
13 13 the two major political parties appointed by the speaker of
13 14 the house, one state senator from each of the two major
13 15 political parties appointed by the president of the senate,
13 16 after consultation with the majority leader and the minority
13 17 leader of the senate, each for a term of two years as provided
13 18 in section 69.16B; four public representatives, appointed by
13 19 the governor for staggered terms of two years each, none of
13 20 whom shall be members of, or practitioners of, or have a
13 21 pecuniary interest in any of the professions or businesses
13 22 represented by any of the several professional groups and
13 23 associations specifically represented on the council under
13 24 this subsection, and at least one of whom shall be a recipient
13 25 of medical assistance; the director of public health, or a
13 26 representative designated by the director; the dean of Des
13 27 Moines university == osteopathic medical center, or a
13 28 representative designated by the dean; and the dean of the
13 29 university of Iowa college of medicine, or a representative
13 30 designated by the dean.
13 31 Sec. 26. Section 252B.18, subsection 1, paragraph b, Code
13 32 2005, is amended to read as follows:
13 33 b. The legislative members of the committee shall be
13 34 appointed by the majority leader of the senate, after
13 35 consultation with the president of the senate, and the
14 1 minority leader of the senate, and by the speaker of the house
14 2 of representatives, after consultation with the majority
14 3 leader and the minority leader of the house of
14 4 representatives. Members Nonlegislative members shall serve
14 5 staggered terms of two years. Appointments shall comply with
14 6 sections 69.16 and 69.16A. Vacancies shall be filled by the
14 7 original appointing authority and in the manner of the
14 8 original appointments.
14 9 Sec. 27. Section 256.32, subsections 2 and 4, Code 2005,
14 10 are amended to read as follows:
14 11 2. The council may also include as ex officio members the
14 12 following persons, as determined by the voting members of the
14 13 council:
14 14 a. The state future farmers of America president.
14 15 b. The current state future farmers of America alumni
14 16 association president.
14 17 c. The current postsecondary agriculture students
14 18 president.
14 19 d. The current young farmers educational association
14 20 president.
14 21 e. A state consultant in agricultural education.
14 22 f. The secretary of agriculture or the secretary's
14 23 designee.
14 24 g. A member Two members of each house of the general
14 25 assembly. This membership shall be bipartisan in composition
14 26 and one member each shall be selected by the president of the
14 27 senate, after consultation with the majority leader and the
14 28 minority leader of the senate, and by the minority leader of
14 29 the senate, after consultation with the president and the
14 30 majority leader of the senate, and two members shall be
14 31 selected by the speaker of the house of representatives, after
14 32 consultation with the majority and minority leaders of the
14 33 house of representatives.
14 34 4. The term of membership is three years. The terms shall
14 35 be staggered so that three of the terms end each year, but no
15 1 member serving on the initial council shall serve less than
15 2 one year. The governor shall determine the length of the
15 3 initial terms of office. However, the terms of office for
15 4 members of the general assembly shall be as provided in
15 5 section 69.16B.
15 6 Sec. 28. Section 261.1, subsections 3 and 4, Code 2005,
15 7 are amended to read as follows:
15 8 3. A member Two members of the senate, one to be appointed
15 9 by the president of the senate, after consultation with the
15 10 majority leader and the minority leader of the senate, and one
15 11 to be appointed by the minority leader of the senate, after
15 12 consultation with the president and majority leader of the
15 13 senate, to serve as an ex officio nonvoting member members for
15 14 a term of four years beginning on July 1 of the year of
15 15 appointment terms as provided in section 69.16B.
15 16 4. A member Two members of the house of representatives to
15 17 be appointed by the speaker of the house of representatives,
15 18 after consultation with the majority and minority leaders of
15 19 the house of representatives to serve as an ex officio
15 20 nonvoting member members for a term of four years beginning on
15 21 July 1 of the year of appointment terms as provided in section
15 22 69.16B.
15 23 Sec. 29. Section 272B.2, Code 2005, is amended to read as
15 24 follows:
15 25 272B.2 EDUCATION COMMISSION OF THE STATES.
15 26 Article III, paragraph 1, of the compact notwithstanding,
15 27 the members of the education commission of the states
15 28 representing this state consist of the governor, two
15 29 nonlegislative members appointed by the governor, two members
15 30 of the senate appointed by the majority leader of the senate,
15 31 and two members of the house of representatives appointed by
15 32 the speaker of the house of representatives. The
15 33 Nonlegislative members shall serve four=year terms and
15 34 legislative members shall serve terms as provided in section
15 35 69.16B. Nonlegislative members shall serve on the education
16 1 commission of the states without compensation, but shall
16 2 receive their actual and necessary expenses and travel.
16 3 Legislative members shall receive actual and necessary
16 4 expenses and travel pursuant to sections 2.10 and 2.12.
16 5 Vacancies on the commission shall be filled for the unexpired
16 6 portion of the term in the same manner as the original
16 7 appointments. If a member ceases to be a member of the
16 8 general assembly, the member shall no longer serve as a member
16 9 of the education commission of the states.
16 10 Sec. 30. Section 333A.2, subsection 1, paragraph d, Code
16 11 2005, is amended to read as follows:
16 12 d. An operations research analyst experienced in cost
16 13 effectiveness analysis of county services appointed jointly
16 14 by, and to serve at the pleasure of, the legislative council
16 15 the majority and minority leaders of the senate and the
16 16 speaker of the house of representatives, after consultation by
16 17 the speaker with the minority leader of the house of
16 18 representatives.
16 19 Sec. 31. Section 384.13, unnumbered paragraph 1, Code
16 20 2005, is amended to read as follows:
16 21 As used in this division, unless the context otherwise
16 22 requires, "committee" means the city finance committee and
16 23 "director" means the director of the department of management.
16 24 A nine=member An eight=member city finance committee is
16 25 created. Members of the committee are:
16 26 Sec. 32. Section 384.13, subsection 5, Code 2005, is
16 27 amended by striking the subsection.
16 28 Sec. 33. Section 455A.8, subsection 1, Code 2005, is
16 29 amended to read as follows:
16 30 1. The Brushy creek recreation trails advisory board shall
16 31 be organized within the department and shall be composed of
16 32 ten members including the following: the director of the
16 33 department or the director's designee who shall serve as a
16 34 nonvoting ex officio member, the park ranger responsible for
16 35 the Brushy creek recreation area, a member of the state
17 1 advisory board for preserves established under chapter 465C, a
17 2 person appointed by the governor, and six persons appointed by
17 3 the legislative council two persons appointed by the majority
17 4 leader of the senate, one person appointed by the minority
17 5 leader of the senate, and three persons appointed by the
17 6 speaker of the house of representatives after consultation
17 7 with the majority and minority leaders of the house of
17 8 representatives. Each person appointed by the governor or
17 9 legislative council by a member of the general assembly must
17 10 actively participate in recreational trail activities such as
17 11 hiking, an equestrian sport, or a winter sport at the Brushy
17 12 creek recreation area. The voting members shall elect a
17 13 chairperson at the board's first meeting each year.
17 14 Sec. 34. Section 514E.2, subsection 2, paragraph f, Code
17 15 2005, is amended to read as follows:
17 16 f. Two Four members of the general assembly, one two of
17 17 whom shall be appointed by the speaker of the house and of
17 18 representatives, after consultation with the majority and
17 19 minority leaders of the house of representatives, one of whom
17 20 shall be appointed by the president of the senate, after
17 21 consultation with the majority leader and the minority leader
17 22 of the senate, and one of whom shall be appointed by the
17 23 minority leader of the senate, after consultation with the
17 24 president and majority leader of the senate, who shall be ex
17 25 officio, nonvoting members.
17 26 Sec. 35. Chapter 16A, Code 2005, is repealed.
17 27 Sec. 36. Sections 2.35, 2.36, 2D.1, 331.440A, and
17 28 602.1514, Code 2005, are repealed.
17 29 Sec. 37. EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
17 30 This Act, being deemed of immediate importance, takes effect
17 31 upon enactment, except that the section of this Act amending
17 32 section 28.3 takes effect January 8, 2007. This Act applies
17 33 to both current and future appointees named by a member or
17 34 members of the general assembly.
17 35 EXPLANATION
18 1 This bill relates to appointments made by members of the
18 2 general assembly to statutory boards, commissions, councils,
18 3 and committees.
18 4 TWO=YEAR TERMS WITH SERVICE AT THE PLEASURE OF THE
18 5 APPOINTING MEMBER. The bill provides that, unless otherwise
18 6 specifically provided by law, appointments of members to
18 7 statutory boards, commissions, councils, and committees by a
18 8 member or members of the general assembly shall be at the
18 9 pleasure of the appointing member, for a term of two years but
18 10 ending upon the convening of the following general assembly or
18 11 when their successors are appointed, whichever occurs later.
18 12 If the appointee is a member of the general assembly, a
18 13 vacancy occurs in the appointed office if the appointee ceases
18 14 to be a member of the general assembly, unless otherwise
18 15 specifically provided by law.
18 16 CONSULTATION BY MULTIPLE APPOINTING MEMBERS, INFORMING
18 17 APPOINTEES AND BODIES OF APPOINTMENTS, AND DATABASE OF
18 18 APPOINTMENTS MAINTAINED BY LEGISLATIVE SERVICES AGENCY. If
18 19 multiple appointing members are charged with making
18 20 appointments of public members to the same board, commission,
18 21 council, or committee, the members shall consult with one
18 22 another in making the appointments. Each appointing authority
18 23 is required to inform the appointee and the board, commission,
18 24 council, or committee to which the appointment is made, of the
18 25 appointment. In addition, each appointing authority is
18 26 required to inform the legislative services agency and the
18 27 secretary of the senate and the chief clerk of the house of
18 28 the appointment. The legislative services agency is required
18 29 to maintain an up=to=date listing of all appointments made or
18 30 to be made by members of the general assembly. The
18 31 legislative services agency may also post on the general
18 32 assembly's internet website information regarding the
18 33 organization and activities of the boards, commissions,
18 34 councils, and committees to which members of the general
18 35 assembly make appointments.
19 1 NEW TWO=YEAR TERMS. The bill provides for new two=year
19 2 terms for appointees of members of the general assembly for
19 3 the following commissions, councils, and committees:
19 4 administrative rules review committee (Code section 17A.8);
19 5 capitol planning commission (Code section 18A.2); Iowa law
19 6 enforcement academy council (Code section 80B.6); commission
19 7 on the status of women (Code section 216A.53); criminal and
19 8 juvenile justice planning advisory council (Code section
19 9 216A.132); mental health, mental retardation, developmental
19 10 disabilities, and brain injury commission (Code section
19 11 225C.5); commission of elder affairs (Code section 231.12);
19 12 child support advisory committee (Code section 252B.18);
19 13 advisory council for agricultural education (Code section
19 14 256.32); college student aid commission (Code section 261.1);
19 15 education commission of the states (Code section 272B.2); and
19 16 county finance committee (Code section 333A.2).
19 17 BODIES ABOLISHED. The bill also abolishes the following
19 18 boards, commissions, councils, and committees: communications
19 19 review committee (Code section 2.35); international relations
19 20 advisory council (Code section 2D.1); Iowa economic protective
19 21 and investment authority board (Code section 16A.3) and the
19 22 authority, which is also repealed (Code chapter 16A);
19 23 oversight committee for the adult mental health, mental
19 24 retardation, and developmental disabilities services funding
19 25 decategorization pilot project, which is also repealed (Code
19 26 section 331.440A); and judicial compensation commission (Code
19 27 section 602.1514).
19 28 LEGISLATIVE APPOINTEES REMOVED. The memberships of the
19 29 following councils and committees are modified to remove
19 30 appointments made by a member or members of the general
19 31 assembly: administrative services customer council (Code
19 32 section 8A.121); information technology council (Code section
19 33 8A.204); IowAccess advisory council (Code section 8A.221);
19 34 personal assistance and family support services council (Code
19 35 section 225C.48); and city finance committee (Code section
20 1 384.13).
20 2 OVERSIGHT COMMITTEE STATUS. The status of the legislative
20 3 oversight committee as a statutory committee composed of
20 4 members designated by the legislative council is eliminated
20 5 (Code section 2.45). The government oversight committees are
20 6 currently structured as standing committees of the senate and
20 7 house of representatives, with members appointed by the
20 8 majority and minority leaders of the senate and the speaker of
20 9 the house, respectively, in accordance with the rules of the
20 10 senate and house of representatives.
20 11 LEGISLATIVE APPOINTEES INCREASED TO FOUR. The memberships
20 12 of the following boards, commissions, and councils are
20 13 modified to increase the number of appointments made by a
20 14 member or members of the general assembly from two to four:
20 15 indigent defense advisory commission (Code section 13B.2A);
20 16 Iowa capital investment board (Code section 15E.63); Iowa law
20 17 enforcement academy council (Code section 80B.6); state child
20 18 care advisory council (Code section 237A.21); advisory council
20 19 for agricultural education (Code section 256.32); college
20 20 student aid commission (Code section 261.1); and the Iowa
20 21 comprehensive health insurance association board (Code section
20 22 514E.2).
20 23 LEGISLATIVE APPOINTEES DECREASED TO FOUR. Effective
20 24 January 8, 2007, the membership of the following board is
20 25 modified to decrease the number of appointments made by a
20 26 member or members of the general assembly from six to four:
20 27 Iowa empowerment board (Code section 28.3).
20 28 LEGISLATIVE LEADERS MADE APPOINTING AUTHORITY. The
20 29 legislative appointing authority for the following committees
20 30 is transferred from the legislative council to the four named
20 31 legislative leaders: county finance committee (Code section
20 32 333A.2) and Brushy creek recreation trails advisory board
20 33 (Code section 455A.8).
20 34 EFFECTIVE AND APPLICABILITY PROVISIONS. The bill takes
20 35 effect upon enactment and applies to both current and future
21 1 appointments. To comply with provisions of the bill affecting
21 2 the number or length of appointments, terms of appointment
21 3 will end no later than two years hence.
21 4 LSB 3556HH 81
21 5 rj:nh/cf/24