Senate File 407 - Introduced SENATE FILE 407 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1163) A BILL FOR An Act relating to the activities and duties of the state board 1 of regents and the board’s administrative office. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1877SV (3) 85 kh/sc
S.F. 407 Section 1. Section 262.1, Code 2013, is amended to read as 1 follows: 2 262.1 Membership. 3 The state board of regents consists of nine members, eight 4 seven of whom shall be selected from the state at large solely 5 with regard to their qualifications and fitness to discharge 6 the duties of the office. The eighth member shall be selected 7 by the faculty of the institutions of higher learning governed 8 by the board, and the ninth member shall be a student enrolled 9 on a full-time basis in good standing at either the graduate 10 or undergraduate level at one of the institutions listed in 11 section 262.7, subsection 1, 2, or 3 , at the time of the 12 member’s appointment. Not more than five members shall be of 13 the same political party. 14 Sec. 2. Section 262.2, Code 2013, is amended to read as 15 follows: 16 262.2 Appointment —— term of office. 17 The members , except for the eighth member who is selected as 18 specified in section 262.1, shall be appointed by the governor 19 subject to confirmation by the senate. Prior to appointing the 20 ninth member as specified in section 262.1 , the governor shall 21 consult with the appropriate student body government at the 22 institution at which the proposed appointee is enrolled. The 23 term of each member of the board shall be for six years, unless 24 the ninth member, appointed in accordance with section 262.1 , 25 graduates or is no longer enrolled at an institution of higher 26 education under the board’s control, at which time the term of 27 the ninth member shall expire one year from the date on which 28 the member graduates or is no longer enrolled in an institution 29 of higher education under the board’s control. However, if 30 within that year the ninth member reenrolls in any institution 31 of higher education under the board’s control on a full-time 32 basis and is a student in good standing at either the graduate 33 or undergraduate level, the term of the ninth member shall 34 continue in effect. The terms of three members of the board 35 -1- LSB 1877SV (3) 85 kh/sc 1/ 6
S.F. 407 shall begin and expire in each odd-numbered year as provided 1 in section 69.19 . 2 Sec. 3. NEW SECTION . 262.3 Board and board office —— 3 prohibited activities. 4 1. A member of the state board of regents, the executive 5 director of the board, and professional staff employed for 6 the administration of the board’s office shall not have any 7 business or financial relationship with any person employed by 8 an institution governed by the board. 9 2. A person who registers as a lobbyist pursuant to section 10 68B.36 on behalf of a person who is a member of the state 11 board of regents or on behalf of that member’s business or 12 employer shall not, within two years after the termination of 13 such service or employment as a lobbyist, become a lobbyist, 14 state relations officer, or governmental liaison for any 15 office, program, or department of an institution governed or 16 administered by the board. 17 Sec. 4. Section 262.6, Code 2013, is amended to read as 18 follows: 19 262.6 Vacancies. 20 Vacancies shall be filled in the same manner in which regular 21 appointments are required to be made. If the ninth member 22 resigns prior to the expiration of the term, the individual 23 appointed to fill the vacancy shall meet the requirements for 24 the ninth member specified in section 262.1 . Other vacancies 25 occurring prior to the expiration of the ninth member’s term 26 shall be filled in the same manner as the original appointments 27 for those vacancies. 28 Sec. 5. Section 262.8, Code 2013, is amended to read as 29 follows: 30 262.8 Meetings —— public forums —— public readings . 31 1. The board shall meet four times a year. Special meetings 32 may be called by the board, by the president of the board, or 33 by the executive director of the board upon written request of 34 any five members thereof. 35 -2- LSB 1877SV (3) 85 kh/sc 2/ 6
S.F. 407 2. Each regular meeting of the state board of regents 1 shall begin with at least thirty minutes for public comment if 2 requested by members of the public. A member of the public 3 shall be granted up to five minutes to make comments and may be 4 granted more time by a member of the board. 5 3. At least two members of the state board of regents 6 shall hold public forums at which issues relating to the 7 activities of the board and the institutions the board governs 8 can be discussed and addressed. The forums shall provide 9 the community with opportunities to pose questions, receive 10 answers, and make comments. The board shall divide the state 11 into at least four geographic regions, including but not 12 limited to northwest, southwest, northeast, and southeast Iowa, 13 and shall hold a forum in accordance with this subsection in 14 each region at least quarterly. The forums shall be held 15 outside the metropolitan areas in which institutions of higher 16 learning governed by the state board are located and outside 17 of a metropolitan area within the state that has a population 18 of two hundred thousand or more. Notice of a forum shall be 19 prominently posted on the board’s internet site at least two 20 weeks prior to the date of the forum. 21 4. The board shall hold public readings of a proposal at two 22 regular meetings of the board before the board takes action on 23 a proposal before the board if the proposal affects an academic 24 program at an institution governed by the board, or if the 25 estimated cost of the proposal is one hundred thousand dollars 26 or more. A quorum of the board must be physically present at 27 any board meeting that includes a public reading required by 28 this subsection. The affirmative vote of a majority of the 29 membership of the board is necessary for any action to be taken 30 by the board on a proposal subject to this subsection. 31 Sec. 6. Section 262.9C, subsections 2 and 5, Code 2013, are 32 amended to read as follows: 33 2. The target span of control aggregate ratio of supervisory 34 employees to other employees shall be one to fifteen fourteen . 35 -3- LSB 1877SV (3) 85 kh/sc 3/ 6
S.F. 407 The target span of control ratio shall not apply to employees 1 involved with direct patient care, faculty, and employees in 2 other areas of the institutions that must maintain different 3 span of control ratios due to federal or state regulations. 4 5. The state board of regents shall present an interim 5 report to the governor and general assembly on or before April 6 1, 2010, with and annual updates thereafter, detailing the 7 effects of the policy on the composition of the workforce, cost 8 savings, efficiencies, and outcomes. In addition, the report 9 and annual updates shall identify those departments within each 10 institution under the control of governed by the board granted 11 an exception by the board to the policy as provided in this 12 section . 13 Sec. 7. Section 262.12, Code 2013, is amended to read as 14 follows: 15 262.12 Committees and administrative offices under board. 16 1. The board of regents shall also have and exercise 17 all the powers necessary and convenient for the effective 18 administration of its office and of the institutions under 19 its control, and to this end may create such committees, 20 offices and agencies from its own members or others, and employ 21 persons to staff the same, fix their compensation and tenure 22 and delegate thereto, or to the administrative officers and 23 faculty of the institutions under its control, such part of the 24 authority and duties vested by statute in the board, and shall 25 formulate and establish such rules, outline such policies and 26 prescribe such procedures therefor, all as may be desired or 27 determined by the board as recorded in their minutes. 28 2. The board of regents shall publish on its internet 29 site specific criteria, including qualification requirements 30 and preferences, for electing a president of any institution 31 of higher learning governed by the board pursuant to section 32 262.9, subsection 2. 33 EXPLANATION 34 This bill relates to activities and duties of the state 35 -4- LSB 1877SV (3) 85 kh/sc 4/ 6
S.F. 407 board of regents, the executive director of the board, and 1 the professional staff employed for the administration of the 2 board’s office. 3 Currently, the board consists of nine members appointed 4 by the governor, eight of whom are selected from the state 5 at large, and the ninth is a student enrolled at a regents 6 university. The bill provides that the eighth member shall be 7 selected by the faculty of the regents universities. 8 The bill prohibits a member of the board, the board’s 9 executive director, and the board’s professional staff from 10 having any business or financial relationship with any person 11 employed by a regents institution. 12 A person who registers as a lobbyist on behalf of a person 13 who is a member of the board or on behalf of that member’s 14 business or employer shall not within two years after the 15 termination of such service or employment as a lobbyist become 16 a lobbyist, state relations officer, or governmental liaison 17 for any office, program, or department of an institution 18 governed or administered by the board. 19 Each regular board meeting shall begin with at least 30 20 minutes for public comment if requested by members of the 21 public. A member of the public shall be granted up to five 22 minutes to make comments and may be granted more time by a 23 member of the board. 24 At least two members of the board shall hold public forums 25 in each of at least four geographic regions of the state 26 quarterly. The forums must be held outside of the metropolitan 27 areas in which the regents universities are located, and 28 outside of Des Moines. Notice of a forum must be prominently 29 posted on the board’s internet site at least two weeks prior to 30 the date of the forum. 31 If a proposal before the board affects an institution’s 32 academic program or if its estimated cost is $100,000 or 33 more, the bill requires that the board hold public readings 34 of the proposal at two regular meetings of the board before 35 -5- LSB 1877SV (3) 85 kh/sc 5/ 6
S.F. 407 taking action on the proposal. A quorum of the board must be 1 physically present at these meetings, and the proposal must 2 receive the affirmative vote of a majority of the membership 3 for any action to be taken on the proposal. 4 The bill reduces the target span of control aggregate ratio 5 of supervisory employees to other employees at the institutions 6 governed by the board from 1 to 15 to 1 to 14. 7 The board must publish on its internet site specific 8 criteria for electing a president of a regents university. 9 The bill includes conforming changes. 10 -6- LSB 1877SV (3) 85 kh/sc 6/ 6