House File 2387 - Introduced HOUSE FILE 2387 BY KAUFMANN A BILL FOR An Act relating to the membership of the board of regents and 1 including transition and effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5735YH (2) 83 sc/nh

H.F. 2387 Section 1. Section 39.21, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Members of the board of regents as 3 provided in section 262.3. 4 Sec. 2. Section 262.1, Code 2009, is amended to read as 5 follows: 6 262.1 Membership. 7 The state board of regents consists of nine members, 8 eight six of whom shall be selected from the state at large 9 solely with regard to their qualifications and fitness to 10 discharge the duties of the office elected pursuant to section 11 262.3 . The ninth member seventh and eighth members shall be a 12 student students enrolled on a full-time basis in good standing 13 at either the graduate or undergraduate level at one of the 14 institutions listed in section 262.7, subsection 1, 2, or 3, 15 at the time of the member’s appointment. Not more than five 16 members shall be of the same political party. The student 17 members shall be appointed by the governor, pursuant to section 18 262.2, and subject to confirmation by the senate. The ninth 19 member shall be appointed by the auditor of state. 20 Sec. 3. Section 262.2, Code 2009, is amended to read as 21 follows: 22 262.2 Appointment —— term of office. 23 The members shall be appointed by the governor subject to 24 confirmation by the senate. Prior to appointing the ninth 25 member student members as specified in section 262.1, the 26 governor shall consult with the appropriate student body 27 government at the institution at which the proposed appointee 28 is enrolled. The term of each member of the board shall be 29 for six years, unless the ninth a student member, appointed 30 in accordance with section 262.1, graduates or is no longer 31 enrolled at an institution of higher education under the 32 board’s control, at which time the term of the ninth such 33 student member shall expire one year from the date on which the 34 member graduates or is no longer enrolled in an institution 35 -1- LSB 5735YH (2) 83 sc/nh 1/ 5

H.F. 2387 of higher education under the board’s control. However, if 1 within that year the ninth student member reenrolls in any 2 institution of higher education under the board’s control 3 on a full-time basis and is a student in good standing at 4 either the graduate or undergraduate level, the term of the 5 ninth student member shall continue in effect. The terms of 6 the three appointive members of the board shall begin and 7 expire in each odd-numbered year as provided in section 69.19. 8 Sec. 4. NEW SECTION . 262.3 Election of certain members —— 9 vacancies. 10 1. Of the six elective members of the board, one shall be 11 elected by the registered voters of each congressional district 12 and two shall be elected statewide. Board members shall be 13 elected on a nonpartisan basis at the general election for 14 staggered six-year terms commencing on the first day of January 15 that is not a Sunday or holiday following their election. 16 Any eligible elector is entitled to elective membership on 17 the board, except that no more than one member shall at any 18 one time be a resident of any one congressional district. A 19 vacancy in an elected position on the board shall be filled by 20 the chairperson of the board for the unexpired balance of the 21 term as provided in section 69.12 until the next succeeding 22 general election. 23 2. a. At each general election a successor shall be 24 chosen for each board member whose term will expire in the 25 succeeding January. Nomination of candidates shall be made 26 by petition in accordance with chapter 45, except that each 27 candidate’s nominating petition shall be signed by at least 28 three hundred eligible electors residing in the congressional 29 district. The petition form shall be furnished by the county 30 commissioner of elections. Every candidate shall file with 31 the nomination papers an affidavit stating the candidate’s 32 name, the candidate’s residence, that the person is a candidate 33 and is eligible for board membership, and that if elected the 34 candidate will qualify for the office. The affidavit shall 35 -2- LSB 5735YH (2) 83 sc/nh 2/ 5

H.F. 2387 also state that the candidate is aware that the candidate 1 is disqualified from holding office if the candidate has 2 been convicted of a felony or other infamous crime and the 3 candidate’s rights have not been restored by the governor or by 4 the president of the United States. 5 b. The signed petitions shall be filed with the county 6 commissioner of elections not later than 5:00 p.m. on the 7 sixty-ninth day before the general election. The votes for 8 board membership shall be canvassed in the same manner as the 9 votes for state officers, and the returns shall be certified to 10 the state commissioner of elections. A plurality is sufficient 11 to elect members, and a primary election for the office shall 12 not be held. 13 3. As used in this section, “congressional district” 14 means those districts established following the 2010 federal 15 decennial census. 16 Sec. 5. Section 262.4, Code 2009, is amended to read as 17 follows: 18 262.4 Removals —— appointive members . 19 The governor, with the approval of a majority of the senate 20 during a session of the general assembly, may remove any 21 appointive member of the board for malfeasance in office, or 22 for any cause which would render the member ineligible for 23 appointment or incapable or unfit to discharge the duties of 24 office, and the member’s removal, when so made, shall be final. 25 Sec. 6. Section 262.5, Code 2009, is amended to read as 26 follows: 27 262.5 Suspension —— appointive members . 28 When the general assembly is not in session, the governor 29 may suspend any appointive member so disqualified and , 30 if the suspended member was originally appointed by the 31 governor, shall appoint another to fill the vacancy thus 32 created, subject to the approval of the senate when next in 33 session. If the suspended member was appointed by the auditor 34 of state, the auditor of state shall appoint another to fill 35 -3- LSB 5735YH (2) 83 sc/nh 3/ 5

H.F. 2387 the vacancy. 1 Sec. 7. Section 262.6, Code 2009, is amended to read as 2 follows: 3 262.6 Vacancies —— appointive members . 4 Vacancies of appointive members shall be filled in the same 5 manner in which regular appointments are required to be made. 6 If the ninth a student member resigns prior to the expiration 7 of the term, the individual appointed to fill the vacancy 8 shall meet the requirements for the ninth member student 9 members specified in section 262.1. Other vacancies occurring 10 prior to the expiration of the ninth member’s term shall be 11 filled in the same manner as the original appointments for 12 those vacancies. 13 Sec. 8. TRANSITION PROVISIONS. Membership terms of the 14 six regents board members, who are not appointive members as 15 provided in this Act, serving on the board on the effective 16 date of this Act and otherwise expiring prior to the general 17 election to be conducted in 2012 shall be extended until the 18 first day of January that is not a Sunday or holiday following 19 the election. Membership terms of regents board members 20 appointed to the board after the effective date of this Act 21 shall expire in 2013 on the first day of January that is not a 22 Sunday or holiday. 23 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 24 2011. 25 EXPLANATION 26 This bill changes the composition of the board of regents. 27 Currently, all nine members of the board of regents are 28 appointed by the governor, subject to confirmation by the 29 senate, and one of those members must be a student enrolled at 30 a public university governed by the board of regents. 31 The bill requires that six of the members shall be elected, 32 one from each congressional district established after the 2010 33 census and two members statewide, two student members shall be 34 appointed by the governor, and one member shall be appointed by 35 -4- LSB 5735YH (2) 83 sc/nh 4/ 5

H.F. 2387 the auditor of state. The elective members shall be elected on 1 a nonpartisan basis beginning with the 2012 general election. 2 The bill provides transition provisions for the election of 3 members at the general election in 2012. 4 The bill takes effect January 1, 2011. 5 -5- LSB 5735YH (2) 83 sc/nh 5/ 5