Senate File 2358 - Introduced
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SF 2176)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the administrative duties of the state board
2 of regents.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5873SV 81
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PAG LIN
1 1 Section 1. Section 15H.3, subsection 1, paragraph e, Code
1 2 Supplement 2005, is amended to read as follows:
1 3 e. The executive secretary director of the state board of
1 4 regents, or the executive secretary's director's designee.
1 5 Sec. 2. Section 261.1, subsection 1, Code 2005, is amended
1 6 to read as follows:
1 7 1. A member of the state board of regents to be named by
1 8 the board, or the secretary thereof executive director of the
1 9 board if so appointed by the board, who shall serve for a
1 10 four=year term or until the expiration of the member's term of
1 11 office. Such member shall convene the organizational meeting
1 12 of the commission.
1 13 Sec. 3. Section 262.7, subsection 1, Code 2005, is amended
1 14 to read as follows:
1 15 1. The state university of Iowa, including the university
1 16 of Iowa hospitals and clinics.
1 17 Sec. 4. Section 262.8, Code 2005, is amended to read as
1 18 follows:
1 19 262.8 MEETINGS.
1 20 The board shall meet four times a year. Special meetings
1 21 may be called by the board, by the president of the board, or
1 22 by the secretary executive director of the board upon written
1 23 request of any five members thereof.
1 24 Sec. 5. Section 262.11, Code 2005, is amended to read as
1 25 follows:
1 26 262.11 RECORD == ACTS AFFECTING PROPERTY.
1 27 All acts of the board relating to the management, purchase,
1 28 disposition, or use of lands and other property of said
1 29 institutions shall be entered of record, which shall show the
1 30 members present, and how each voted upon each proposition.
1 31 The board may, in its discretion, delegate to each university
1 32 the authority to approve leases.
1 33 Sec. 6. Section 262.34A, Code 2005, is amended to read as
1 34 follows:
1 35 262.34A BID REQUESTS AND TARGETED SMALL BUSINESS
2 1 PROCUREMENT.
2 2 1. The state board of regents shall request bids and
2 3 proposals for materials, products, supplies, provisions, and
2 4 other needed articles to be purchased at public expense, from
2 5 Iowa state industries as defined in section 904.802,
2 6 subsection 2, when the articles are available in the requested
2 7 quantity and at comparable prices and quality.
2 8 2. Notwithstanding section 73.16, subsection 2, the board
2 9 may issue electronic bid notices for distribution to the
2 10 targeted small business internet site through internet links
2 11 to each of the regents institutions.
2 12 3. Notwithstanding section 73.17, the board shall notify
2 13 the director of the department of economic development of
2 14 regents institutions' targeted small business purchases on an
2 15 annual basis.
2 16 Sec. 7. Section 262.58, Code 2005, is amended to read as
2 17 follows:
2 18 262.58 RATES AND TERMS OF BONDS OR NOTES.
2 19 Such bonds or notes may bear such date or dates, may bear
2 20 interest at such rate or rates, payable semiannually, may
2 21 mature at such time or times, may be in such form, carry such
2 22 registration privileges, may be payable at such place or
2 23 places, may be subject to such terms of redemption prior to
2 24 maturity with or without premium, if so stated on the face
2 25 thereof, and may contain such terms and covenants all as may
2 26 be provided by the resolution of the board authorizing the
2 27 issuance of the bonds or notes. In addition to the estimated
2 28 cost of construction, the cost of the project shall be deemed
2 29 to include interest upon the bonds or notes during
2 30 construction and for six months after the estimated completion
2 31 date, the compensation of a fiscal agent or adviser, and
2 32 engineering, administrative and legal expenses. Such bonds or
2 33 notes shall be executed by the president of the state board of
2 34 regents and attested by the secretary thereof executive
2 35 director of the state board of regents and the coupons thereto
3 1 attached shall be executed with the original or facsimile
3 2 signatures of said president and secretary executive director.
3 3 Any bonds or notes bearing the signatures of officers in
3 4 office on the date of the signing thereof shall be valid and
3 5 binding for all purposes, notwithstanding that before delivery
3 6 thereof any or all such persons whose signatures appear
3 7 thereon shall have ceased to be such officers. Each such bond
3 8 or note shall state upon its face the name of the institution
3 9 on behalf of which it is issued, that it is payable solely and
3 10 only from the net rents, profits and income derived from the
3 11 operation of residence halls or dormitories, including dining
3 12 and other incidental facilities, at such institution as
3 13 hereinbefore provided, and that it does not constitute a
3 14 charge against the state of Iowa within the meaning or
3 15 application of any constitutional or statutory limitation or
3 16 provision. The issuance of such bonds or notes shall be
3 17 recorded in the office of the treasurer of the institution on
3 18 behalf of which the same are issued, and a certificate by such
3 19 treasurer to this effect shall be printed on the back of each
3 20 such bond or note.
3 21 Sec. 8. Section 262A.6, Code 2005, is amended to read as
3 22 follows:
3 23 262A.6 FORM AND CONDITION OF BONDS.
3 24 Such bonds may bear such date or dates, may bear interest
3 25 at such rate or rates, payable semiannually, may mature at
3 26 such time or times, may be in such form and denominations, may
3 27 carry such registration privileges, may be payable at such
3 28 place or places, may be subject to such terms of redemption
3 29 prior to maturity with or without premium, if so stated on the
3 30 face thereof, and may contain such terms and covenants,
3 31 including the establishment of reserves, all as may be
3 32 provided by the resolution of the board authorizing the
3 33 issuance of the bonds. In addition to the estimated cost of
3 34 construction, including site costs, the cost of the project
3 35 may include interest upon the bonds during construction and
4 1 for six months after the estimated completion date, the
4 2 compensation of a fiscal agent or adviser, engineering,
4 3 architectural, administrative and legal expenses and provision
4 4 for contingencies. Such bonds shall be executed by the
4 5 president of the state board of regents and attested by the
4 6 executive secretary director, secretary or other official
4 7 thereof performing the duties of secretary executive director,
4 8 and the coupons thereto attached shall be executed with the
4 9 original or facsimile signatures of said president, executive
4 10 secretary director, secretary or other official; provided,
4 11 however, that the facsimile signature of either of such
4 12 officers executing such bonds may be imprinted on the face of
4 13 the bonds in lieu of the manual signature of such officer, but
4 14 at least one of the signatures appearing on the face of each
4 15 bond shall be a manual signature. Any bonds bearing the
4 16 signatures of officers in office on the date of the signing
4 17 thereof shall be valid and binding for all purposes,
4 18 notwithstanding that before delivery thereof any or all such
4 19 persons whose signatures appear thereon shall have ceased to
4 20 be such officers. Each such bond shall state upon its face
4 21 the name of the institution on behalf of which it is issued,
4 22 that it is payable solely and only from the student fees and
4 23 charges and institutional income received by such institution
4 24 as hereinbefore provided, and that it does not constitute a
4 25 debt of or charge against the state of Iowa within the meaning
4 26 or application of any constitutional or statutory limitation
4 27 or provision. The issuance of such bonds shall be recorded in
4 28 the office of the treasurer of the institution on behalf of
4 29 which the same are issued, and a certificate by such treasurer
4 30 to this effect shall be printed on the back of each such bond.
4 31 Sec. 9. Section 263A.4, Code 2005, is amended to read as
4 32 follows:
4 33 263A.4 BONDS OR NOTES PROVISIONS.
4 34 Such bonds or notes may bear such date or dates, may bear
4 35 interest at such rate or rates, payable semiannually, may
5 1 mature at such time or times, may be in such form and
5 2 denominations, carry such registration privileges, may be
5 3 payable at such place or places, may be subject to such terms
5 4 of redemption prior to maturity with or without premium, if so
5 5 stated on the face thereof, and may contain such terms and
5 6 covenants, including the establishment of reserves, all as may
5 7 be provided by the resolution of the board authorizing the
5 8 issuance of the bonds or notes. In addition to the estimated
5 9 cost of construction, including site costs, the cost of the
5 10 project may include interest upon the bonds or notes during
5 11 construction and for six months after the estimated completion
5 12 date, the compensation of a fiscal agent or adviser,
5 13 engineering, architectural, administrative, and legal expenses
5 14 and provision for contingencies. Such bonds or notes shall be
5 15 executed by the president of the state board of regents and
5 16 attested by the executive secretary director, secretary, or
5 17 other official thereof performing the duties of secretary
5 18 executive director, and the coupons thereto attached shall be
5 19 executed with the original or facsimile signatures of said
5 20 president, executive secretary director, secretary, or other
5 21 official; provided, however, that the facsimile signature of
5 22 either of such officers executing such bonds may be imprinted
5 23 on the face of the bonds in lieu of the manual signature of
5 24 such officer, but at least one of the signatures appearing on
5 25 the face of each bond shall be a manual signature. Any bonds
5 26 or notes bearing the signatures of officers in office on the
5 27 date of the signing thereof shall be valid and binding for all
5 28 purposes, notwithstanding that before delivery thereof any or
5 29 all such persons whose signatures appear thereon shall have
5 30 ceased to be such officers. Each such bond or note shall
5 31 state upon its face the name of the institution on behalf of
5 32 which it is issued, that it is payable solely and only from
5 33 hospital income received by such institution as provided in
5 34 this chapter, and that it does not constitute a debt of or
5 35 charge against the state of Iowa within the meaning or
6 1 application of any constitutional or statutory limitation or
6 2 provision. The issuance of such bonds or notes shall be
6 3 recorded in the office of the treasurer of the institution,
6 4 and a certificate by such treasurer to this effect shall be
6 5 printed on the back of each such bond or note.
6 6 Sec. 10. Section 262.29, Code 2005, is repealed.
6 7 EXPLANATION
6 8 This bill contains a number of amendments relating to the
6 9 administration of institutions under the control of the state
6 10 board of regents.
6 11 The bill modifies, for institutions under the control of
6 12 the board of regents, a general provision requiring state
6 13 agencies to issue electronic project bid notices for
6 14 distribution to the targeted small business internet site if
6 15 that notice is provided in an electronic format through
6 16 internet links.
6 17 Current law requires state agencies to notify the
6 18 department of economic development, on a quarterly basis, of
6 19 anticipated purchases and procurements designated to satisfy
6 20 the targeted small business procurement goal. The bill changes
6 21 the reporting period to annual reporting for institutions
6 22 under the control of the board of regents.
6 23 The bill adds the university of Iowa hospitals and clinics
6 24 to the enumeration of institutions under the governance of the
6 25 board of regents.
6 26 The bill empowers the board to delegate to each university
6 27 the authority to approve leases.
6 28 The bill allows the board to file all claims for the
6 29 actual, necessary expenses in the same manner as claims for
6 30 similar expenses by state officers, eliminating the role of
6 31 the department of administrative services.
6 32 The bill changes the name of the chief executive officer of
6 33 the board from executive secretary to executive director.
6 34 LSB 5873SV 81
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