Senate Study Bill 1163 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) 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 1877XC (8) 85 kh/sc
S.F. _____ 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 1877XC (8) 85 kh/sc 1/ 6
S.F. _____ 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 member of the state board of regents, while holding 10 office, the executive director of the board, and a member of 11 the professional staff employed for the administration of the 12 board’s office shall not be a member of a political committee, 13 participate in partisan political activities, be a candidate 14 for a partisan elective office, or be identified as an 15 advocate or opponent of issues subject to debate by the general 16 assembly, except as otherwise provided by law, and shall not 17 contribute to a political campaign fund, except that a member 18 of the board, the executive director, or a member of the 19 professional staff may designate on the checkoff portion of the 20 state or federal income tax return, or both, a party or parties 21 to which a contribution is made pursuant to the checkoff. 22 3. A person who registers as a lobbyist pursuant to section 23 68B.36 on behalf of a person who is a member of the state 24 board of regents or on behalf of that member’s business or 25 employer shall not, within two years after the termination of 26 such service or employment as a lobbyist, become a lobbyist, 27 state relations officer, or governmental liaison for any 28 office, program, or department of an institution governed or 29 administered by the board. 30 Sec. 4. Section 262.6, Code 2013, is amended to read as 31 follows: 32 262.6 Vacancies. 33 Vacancies shall be filled in the same manner in which regular 34 appointments are required to be made. If the ninth member 35 -2- LSB 1877XC (8) 85 kh/sc 2/ 6
S.F. _____ resigns prior to the expiration of the term, the individual 1 appointed to fill the vacancy shall meet the requirements for 2 the ninth member specified in section 262.1 . Other vacancies 3 occurring prior to the expiration of the ninth member’s term 4 shall be filled in the same manner as the original appointments 5 for those vacancies. 6 Sec. 5. Section 262.8, Code 2013, is amended to read as 7 follows: 8 262.8 Meetings —— public forums —— public readings . 9 1. The board shall meet four times a year. Special meetings 10 may be called by the board, by the president of the board, or 11 by the executive director of the board upon written request of 12 any five members thereof. 13 2. Each regular meeting of the state board of regents 14 shall begin with at least thirty minutes for public comment if 15 requested by members of the public. A member of the public 16 shall be granted up to five minutes to make comments and may be 17 granted more time by a member of the board. 18 3. At least two members of the state board of regents 19 shall hold public forums at which issues relating to the 20 activities of the board and the institutions the board governs 21 can be discussed and addressed. The forums shall provide 22 the community with opportunities to pose questions, receive 23 answers, and make comments. The board shall divide the 24 state into at least six geographic regions, including but 25 not limited to northwest, southwest, north central, south 26 central, northeast, and southeast Iowa, and shall hold a forum 27 in accordance with this subsection in each region at least 28 quarterly. Notice of a forum shall be prominently posted on 29 the board’s internet site at least two weeks prior to the date 30 of the forum. 31 4. The board shall hold public readings of a proposal at two 32 regular meetings of the board before the board takes action on 33 a proposal before the board if the proposal affects an academic 34 program at an institution governed by the board, or if the 35 -3- LSB 1877XC (8) 85 kh/sc 3/ 6
S.F. _____ estimated cost of the proposal is one hundred thousand dollars 1 or more. A quorum of the board must be physically present at 2 any board meeting that includes a public reading required by 3 this subsection. The affirmative vote of a majority of the 4 membership of the board is necessary for any action to be taken 5 by the board on a proposal subject to this subsection. 6 Sec. 6. Section 262.9C, subsections 2 and 5, Code 2013, are 7 amended to read as follows: 8 2. The target span of control aggregate ratio of supervisory 9 employees to other employees shall be one to fifteen fourteen . 10 The target span of control ratio shall not apply to employees 11 involved with direct patient care, faculty, and employees in 12 other areas of the institutions that must maintain different 13 span of control ratios due to federal or state regulations. 14 5. The state board of regents shall present an interim 15 report to the governor and general assembly on or before April 16 1, 2010, with and annual updates thereafter, detailing the 17 effects of the policy on the composition of the workforce, cost 18 savings, efficiencies, and outcomes. In addition, the report 19 and annual updates shall identify those departments within each 20 institution under the control of governed by the board granted 21 an exception by the board to the policy as provided in this 22 section . 23 Sec. 7. Section 262.12, Code 2013, is amended to read as 24 follows: 25 262.12 Committees and administrative offices under board. 26 1. The board of regents shall also have and exercise 27 all the powers necessary and convenient for the effective 28 administration of its office and of the institutions under 29 its control, and to this end may create such committees, 30 offices and agencies from its own members or others, and employ 31 persons to staff the same, fix their compensation and tenure 32 and delegate thereto, or to the administrative officers and 33 faculty of the institutions under its control, such part of the 34 authority and duties vested by statute in the board, and shall 35 -4- LSB 1877XC (8) 85 kh/sc 4/ 6
S.F. _____ formulate and establish such rules, outline such policies and 1 prescribe such procedures therefor, all as may be desired or 2 determined by the board as recorded in their minutes. 3 2. The board of regents shall publish on its internet 4 site specific criteria, including qualification requirements 5 and preferences, for electing a president of any institution 6 of higher learning governed by the board pursuant to section 7 262.9, subsection 2. 8 EXPLANATION 9 This bill relates to activities and duties of the state 10 board of regents, the executive director of the board, and 11 the professional staff employed for the administration of the 12 board’s office. 13 Currently, the board consists of nine members appointed 14 by the governor, eight of whom are selected from the state 15 at large, and the ninth is a student enrolled at a regents 16 university. The bill provides that the eighth member shall be 17 selected by the faculty of the regents universities. 18 The bill provides that the board and its executive director 19 and professional staff in the board’s office are prohibited 20 from having any business or financial relationship with any 21 person employed by an institution governed by the board. The 22 bill also restricts a member of the board and the board’s 23 professional staff from participating in political activities 24 or be identified as an advocate or opponent of issues subject 25 to debate by the general assembly, except the member or staff 26 may designate an income tax checkoff. 27 If a proposal before the board affects an institution’s 28 academic program or if its estimated cost is $100,000 or 29 more, the bill requires that the board hold public readings 30 of the proposal at two regular meetings of the board before 31 taking action on the proposal. A quorum of the board must be 32 physically present at these meetings, and the proposal must 33 receive the affirmative vote of a majority of the membership 34 for any action to be taken on the proposal. 35 -5- LSB 1877XC (8) 85 kh/sc 5/ 6
S.F. _____ At least two members of the board shall hold public forums in 1 each of at least six geographic regions of the state quarterly. 2 Notice of a forum must be prominently posted on the board’s 3 internet site at least two weeks prior to the date of the 4 forum. 5 Each regular board meeting shall begin with at least 30 6 minutes for public comment if requested by members of the 7 public. A member of the public shall be granted up to five 8 minutes to make comments and may be granted more time by a 9 member of the board. 10 A person who registers as a lobbyist on behalf of a person 11 who is a member of the board or on behalf of that member’s 12 business or employer shall not within two years after the 13 termination of such service or employment as a lobbyist become 14 a lobbyist, state relations officer, or governmental liaison 15 for any office, program, or department of an institution 16 governed or administered by the board. 17 The bill reduces the target span of control aggregate ratio 18 of supervisory employees to other employees at the institutions 19 governed by the board from 1 to 15 to 1 to 14. 20 The board must publish on its internet site specific 21 criteria for electing a president of a regents university. 22 The bill includes conforming changes. 23 -6- LSB 1877XC (8) 85 kh/sc 6/ 6