Senate Study Bill 1288 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            RULES AND ADMINISTRATION
                                            BILL BY CHAIRPERSON
                                            GRONSTAL)


    Passed Senate, Date               Passed House,  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, and including effective date and applicability
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1045XC 83
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PAG LIN



  1  1    Section 1.  Section 8.65, subsection 1, paragraph b, Code
  1  2 2009, is amended to read as follows:
  1  3    b.  Four nonvoting members of the general assembly shall be
  1  4 appointed for a term of two years commencing at the convening
  1  5 of each general assembly terms as provided in section 69.16B,
  1  6 one each appointed by the majority leader of the senate, the
  1  7 minority leader of the senate, the speaker of the house of
  1  8 representatives, and the minority leader of the house of
  1  9 representatives.  However, initial appointments of members
  1 10 under this paragraph shall be made on April 27, 2007.
  1 11    Sec. 2.  Section 8.65, subsection 2, paragraph a, Code
  1 12 2009, is amended to read as follows:
  1 13    a.  Terms of voting members and of nonvoting members
  1 14 specified in subsection 1, paragraph "c", shall begin and end
  1 15 as provided by section 69.19.  However, the terms of the
  1 16 voting members appointed by a member of the general assembly
  1 17 shall begin and end as provided in section 69.16B.  Any
  1 18 vacancy shall be filled in the same manner as regular
  1 19 appointments are made for the unexpired portion of the regular
  1 20 term.
  1 21    Sec. 3.  Section 216A.139, subsection 2, unnumbered
  1 22 paragraph 1, Code 2009, is amended to read as follows:
  1 23    Members The voting members of the council shall include
  1 24 members of the general assembly selected by the legislative
  1 25 council and one representative of each of the following:
  1 26    Sec. 4.  Section 216A.139, Code 2009, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  2A.  In addition to the voting members,
  1 29 the council membership shall include four members of the
  1 30 general assembly with one member designated by each of the
  1 31 following:  the majority leader of the senate, the minority
  1 32 leader of the senate, the speaker of the house of
  1 33 representatives, and the minority leader of the house of
  1 34 representatives.  A legislative member serves for a term as
  1 35 provided in section 69.16B in an ex officio, nonvoting
  2  1 capacity.
  2  2    Sec. 5.  Section 225C.5, subsection 1, unnumbered paragraph
  2  3 1, Code 2009, is amended to read as follows:
  2  4    A mental health, mental retardation, developmental
  2  5 disabilities, and brain injury commission is created as the
  2  6 state policy=making body for the provision of services to
  2  7 persons with mental illness, mental retardation or other
  2  8 developmental disabilities, or brain injury.  The commission
  2  9 shall consist of sixteen commission's voting members shall be
  2 10 appointed to three=year staggered terms by the governor and
  2 11 are subject to confirmation by the senate.  Commission members
  2 12 shall be appointed on the basis of interest and experience in
  2 13 the fields of mental health, mental retardation or other
  2 14 developmental disabilities, and brain injury, in a manner so
  2 15 as to ensure adequate representation from persons with
  2 16 disabilities and individuals knowledgeable concerning
  2 17 disability services.  The department shall provide staff
  2 18 support to the commission, and the commission may utilize
  2 19 staff support and other assistance provided to the commission
  2 20 by other persons.  The commission shall meet at least four
  2 21 times per year.  Members The membership of the commission
  2 22 shall include consist of the following persons who, at the
  2 23 time of appointment to the commission, are active members of
  2 24 the indicated groups:
  2 25    Sec. 6.  Section 249A.36, subsection 2, paragraph a, Code
  2 26 2009, is amended to read as follows:
  2 27    a.  The council shall consist of seven eight voting members
  2 28 who are not members of the general assembly.  The voting
  2 29 members shall be appointed two each by the majority leader of
  2 30 the senate, the minority leader of the senate, the speaker of
  2 31 the house, and the minority leader of the house of
  2 32 representatives.  At least one member of the council shall be
  2 33 a consumer and at least one member shall be a medical
  2 34 assistance program provider.  An individual who is employed by
  2 35 a private or nonprofit organization that receives one million
  3  1 dollars or more in compensation or reimbursement from the
  3  2 department, annually, is not eligible for appointment to the
  3  3 council.  The members shall serve terms of two years beginning
  3  4 and ending as provided in section 69.19 69.16B, and
  3  5 appointments shall comply with sections 69.16, and 69.16A, and
  3  6 69.16C.  Members shall receive reimbursement for actual
  3  7 expenses incurred while serving in their official capacity and
  3  8 may also be eligible to receive compensation as provided in
  3  9 section 7E.6.  Vacancies shall be filled by the original
  3 10 appointing authority and in the manner of the original
  3 11 appointment.  A person appointed to fill a vacancy shall serve
  3 12 only for the unexpired portion of the term.
  3 13    Sec. 7.  Section 280A.2, subsections 8 and 9, Code 2009,
  3 14 are amended to read as follows:
  3 15    8.  TERMS OF MEMBERS.  The members shall be appointed to
  3 16 three=year staggered terms and the terms shall commence and
  3 17 end as provided by section 69.19, except that the appointment
  3 18 and terms of legislators shall be terms as provided in section
  3 19 69.16B.  If a vacancy occurs, a successor shall be appointed
  3 20 to serve the unexpired term.  A successor shall be appointed
  3 21 in the same manner and subject to the same qualifications as
  3 22 the original appointment to serve the unexpired portion of the
  3 23 term.
  3 24    9.  EXPENSES.  Members The members of the commission who
  3 25 are not legislators are entitled to receive reimbursement for
  3 26 actual expenses incurred while engaged in the performance of
  3 27 official duties from funds appropriated to the department of
  3 28 education for that purpose, except that legislators'.
  3 29 Legislators' per diem and expenses shall be paid from funds
  3 30 appropriated by section 2.12.
  3 31    Sec. 8.  Section 303A.5, subsection 2, Code 2009, is
  3 32 amended to read as follows:
  3 33    2.  Members appointed by the general assembly shall be
  3 34 appointed to two=year terms as provided in section 69.16B.
  3 35 The public members appointed by the governor shall serve
  4  1 five=year staggered terms beginning and ending as provided in
  4  2 section 69.19.  Vacancies on the board shall be filled for the
  4  3 unexpired portion of the term in the same manner as the
  4  4 original appointments.
  4  5    Sec. 9.  Section 411.36, subsection 2, Code 2009, is
  4  6 amended to read as follows:
  4  7    2.  Except as otherwise provided for the initial
  4  8 appointments, the voting members shall be appointed for
  4  9 four=year terms, and the nonvoting members shall be appointed
  4 10 for two=year terms as provided in section 69.16B.  Terms of
  4 11 voting members begin on May 1 in the year of appointment and
  4 12 expire on April 30 in the year of expiration.
  4 13    Sec. 10.  Section 411.36, subsection 5, paragraph a, Code
  4 14 2009, is amended to read as follows:
  4 15    a.  Members The voting members of the board shall be paid
  4 16 their actual and necessary expenses incurred in the
  4 17 performance of their duties and shall receive a per diem as
  4 18 specified in section 7E.6 for each day of service.  Per diem
  4 19 and expenses shall be paid to voting members from the fire and
  4 20 police retirement fund created in section 411.8.
  4 21    Sec. 11.  Section 455B.150, subsection 1, paragraph b, Code
  4 22 2009, is amended to read as follows:
  4 23    b.  Four persons appointed by the leadership of the general
  4 24 assembly.
  4 25    (1)  The persons, who shall not be members of the general
  4 26 assembly, shall be appointed as follows:
  4 27    (a)  One person by the majority leader of the senate after
  4 28 consultation with the president of the senate and the minority
  4 29 leader, and one person by the minority leader of the senate
  4 30 after consultation with the president of the senate and the
  4 31 majority leader.
  4 32    (b)  Two persons appointed One person by the speaker of the
  4 33 house of representatives after consultation with the majority
  4 34 leader and minority leader, and one person by the minority
  4 35 leader of the house of representatives.
  5  1    (2)  Each person shall be an owner of a small business
  5  2 stationary source or shall represent an owner of a small
  5  3 business stationary source.
  5  4    (3)  The Each person shall serve for a two=year term as
  5  5 provided in section 69.16B and may be reappointed.
  5  6    (4)  A term shall expire upon the convening of the
  5  7 following general assembly, or when the appointee's successor
  5  8 is appointed, whichever occurs later.
  5  9    Sec. 12.  EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
  5 10 This Act, being deemed of immediate importance, takes effect
  5 11 upon enactment.  This Act applies to appointees named by a
  5 12 member or members of the general assembly before, on, or after
  5 13 the effective date of this Act.
  5 14                           EXPLANATION
  5 15    This bill relates to appointments by members of the general
  5 16 assembly to statutory boards, commissions, councils, and
  5 17 committees.  Many of the bill's provisions provide that terms
  5 18 of legislative appointees are for the approximately two=year
  5 19 period specified in Code section 69.16B beginning in
  5 20 odd=numbered years when a new general assembly convenes and
  5 21 ending upon the convening of the subsequent general assembly,
  5 22 or when the appointee's successor is appointed, whichever is
  5 23 later.
  5 24    Code section 8.65, creating the local government innovation
  5 25 commission, is amended to provide that the terms of the four
  5 26 members of the general public appointed by legislative leaders
  5 27 are the same as the two=year terms of other legislative
  5 28 appointments.  Citations to Code section 69.16B are provided
  5 29 and obsolete language is deleted.
  5 30    Code section 216A.139, relating to establishment of the sex
  5 31 offender research council, is amended to replace a general
  5 32 requirement for appointment of an unspecified number of
  5 33 legislators by the legislative council with a requirement for
  5 34 appointment of two legislators from each chamber, one each by
  5 35 their respective legislative leaders.
  6  1    Code section 225C.5, creating the mental health, mental
  6  2 retardation, developmental disabilities, and brain injury
  6  3 commission, is amended to eliminate a reference to a specific
  6  4 number of voting members.  Current law provides a limitation
  6  5 of 16 voting members while including a listing of various
  6  6 interests amounting to 17 membership slots.
  6  7    Code section 249A.36, establishing the medical assistance
  6  8 quality improvement council, is amended to replace joint
  6  9 appointment of seven members by the four legislative leaders
  6 10 with appointment of eight public members with two each
  6 11 appointed by the same four legislative leaders.  The terms are
  6 12 specified to be the two=year terms for legislative
  6 13 appointments outlined in Code section 69.16B.
  6 14    Code section 280A.2, creating the Iowa learning technology
  6 15 commission, is amended to change the current three=year terms
  6 16 to two=year terms as specified for legislative appointments in
  6 17 Code section 69.16B.  Six of the seven voting members are
  6 18 legislative appointments and four of the five ex officio,
  6 19 nonvoting members are legislators.  The bill also provides for
  6 20 payment of per diem for the legislator members of the
  6 21 commission.
  6 22    Code section 303A.5, creating the board of trustees of the
  6 23 Iowa cultural trust, is amended to specify that the four
  6 24 legislative public member appointees serve two=year terms
  6 25 coinciding with the beginning and ending of each general
  6 26 assembly as provided in Code section 69.16B.  The remaining
  6 27 public members appointed by the governor serve five=year terms
  6 28 beginning on May 1 and ending April 30.
  6 29    Code section 411.36, creating the board of trustees for the
  6 30 statewide fire and police retirement system, is amended to
  6 31 provide that the two=year terms of the legislator members
  6 32 coincide with the beginning and ending of the general assembly
  6 33 as provided in Code section 69.16B.  Current law provides for
  6 34 all board terms to begin on May 1 and end on April 30.
  6 35    Code section 455B.150, creating the compliance advisory
  7  1 panel in accordance with the federal Clean Air Act Amendments
  7  2 of 1990, is amended to provide individual appointment
  7  3 authority by the four legislative leaders to conform with
  7  4 other legislative appointments.  The bill specifies that the
  7  5 four legislative appointments cannot be members of the general
  7  6 assembly and the terms are for two years coinciding with the
  7  7 beginning and ending of a general assembly as provided in Code
  7  8 section 69.16B.
  7  9    The bill takes effect upon enactment and applies to
  7 10 appointees named by a member or members of the general
  7 11 assembly before, on, or after the effective date.
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