House File 610 - Introduced HOUSE FILE 610 BY JACOBY A BILL FOR An Act relating to the membership of the board of regents and 1 including transition provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1907YH (3) 86 aw/sc
H.F. 610 Section 1. Section 262.1, Code 2015, is amended to read as 1 follows: 2 262.1 Membership. 3 The state board of regents consists of nine members, eight 4 of whom shall be selected from the state at large solely with 5 regard to their qualifications and fitness to discharge the 6 duties of the office elected pursuant to section 262.3 . The 7 ninth member shall be appointed by the elected members of the 8 board and shall be a student enrolled on a full-time basis in 9 good standing at either the graduate or undergraduate level at 10 one of the institutions listed in section 262.7, subsection 1, 11 2, or 3 , at the time of the member’s appointment. Not more than 12 five members shall be of the same political party. The elected 13 members of the state board of regents may, by a majority vote 14 of those members, remove or suspend the ninth member. 15 Sec. 2. Section 262.2, Code 2015, is amended to read as 16 follows: 17 262.2 Appointment —— term of office. 18 The members shall be appointed by the governor subject to 19 confirmation by the senate. Prior to appointing the ninth 20 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, 24 except as provided in section 262.3, unless the ninth member, 25 appointed in accordance with section 262.1 , graduates or is 26 no longer enrolled at an institution of higher education 27 under the board’s control, at which time the term of the 28 ninth member shall expire one year from the date on which the 29 member graduates or is no longer enrolled in an institution 30 of higher education under the board’s control. However, if 31 within that year the ninth member reenrolls in any institution 32 of higher education under the board’s control on a full-time 33 basis and is a student in good standing at either the graduate 34 or undergraduate level, the term of the ninth member shall 35 -1- LSB 1907YH (3) 86 aw/sc 1/ 4
H.F. 610 continue in effect. The terms of three members of the board 1 shall begin and expire in each odd-numbered year as provided 2 in section 69.19 . 3 Sec. 3. NEW SECTION . 262.3 Election of certain members —— 4 vacancies. 5 1. Of the eight elective members of the board, two shall 6 be elected by the registered voters of each of the three 7 congressional districts in which is located an institution of 8 higher learning governed by the board, one shall be elected 9 from the remaining congressional district, and one shall be 10 elected on a statewide basis. Members of the board shall be 11 elected on a nonpartisan basis at the regular school election 12 under section 277.1 for staggered six-year terms, with terms 13 commencing on the first day of January that is not a Sunday or 14 holiday following their election. Any eligible elector who is 15 a resident of this state is entitled to elective membership 16 on the board, however a member elected by the voters of a 17 congressional district must be a resident of that congressional 18 district. A vacancy in an elected position on the board shall 19 be filled by the chairperson of the board for the unexpired 20 balance of the term as provided in section 69.12 until the next 21 succeeding regular election for school districts. 22 2. a. At each regular school election, a successor shall 23 be chosen for each board member whose term will expire in the 24 succeeding January. Nominations of candidates shall be made 25 by petition in accordance with chapter 45. Nominations of 26 candidates for the statewide elected member shall be signed by 27 at least three hundred eligible electors residing in the state. 28 Nominations of all other candidates shall be signed by at least 29 three hundred eligible electors residing in the congressional 30 district. The petition form shall be furnished by the county 31 commissioner of elections. Every candidate shall file with 32 the nomination papers an affidavit stating the candidate’s 33 name, the candidate’s residence, that the person is a candidate 34 and is eligible for board membership, and that if elected the 35 -2- LSB 1907YH (3) 86 aw/sc 2/ 4
H.F. 610 candidate will qualify for the office. The affidavit shall 1 also state that the candidate is aware that the candidate is 2 disqualified from holding office if the candidate has been 3 convicted of an infamous crime and the candidate’s rights have 4 not been restored by the governor or by the president of the 5 United States. 6 b. The signed petitions shall be filed with the county 7 commissioner of elections not later than 5:00 p.m. on the 8 sixty-ninth day before the regular election held pursuant 9 to section 277.1. The votes for board membership shall be 10 canvassed in the same manner as the votes for state officers, 11 and the returns shall be certified to the state commissioner of 12 elections. A plurality is sufficient to elect members, and a 13 primary election for the office shall not be held. 14 3. As used in this section, “congressional district” 15 means those districts established following the 2010 federal 16 decennial census. 17 Sec. 4. REPEAL. Sections 262.4, 262.5, and 262.6, Code 18 2015, are repealed. 19 Sec. 5. TRANSITION PROVISIONS. 20 1. Membership terms of all regents board members on the 21 effective date of this Act shall expire on December 31, 2017. 22 2. a. At the regular election for school districts to be 23 held in 2017, and at the regular election for school districts 24 immediately preceding the expiration of the member’s term, one 25 member each shall be elected as follows: 26 (1) Statewide, for a full term. 27 (2) By the registered voters of the third congressional 28 district, for a full term. 29 (3) By the registered voters of the first congressional 30 district, for an initial four-year term. 31 (4) By the registered voters of the second congressional 32 district, for an initial four-year term. 33 (5) By the registered voters of the fourth congressional 34 district, for an initial four-year term. 35 -3- LSB 1907YH (3) 86 aw/sc 3/ 4
H.F. 610 (6) By the registered voters of the first congressional 1 district, for an initial two-year term. 2 (7) By the registered voters of the second congressional 3 district, for an initial two-year term. 4 (8) By the registered voters of the fourth congressional 5 district, for an initial two-year term. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the membership of the board of regents. 10 Under current law, there are nine members of the board of 11 regents (board) with one student member and with all members 12 being appointed by the governor, subject to confirmation by the 13 senate. 14 The bill requires that eight members of the board be elected 15 on a nonpartisan basis at the regular school election and 16 requires that a ninth member be a student appointed by the 17 elective members of the board. The bill requires that one 18 elective member be elected statewide and that one elective 19 member be elected by the third congressional district. The 20 bill also requires that two members be elected by each of the 21 other three congressional districts, in which are located an 22 institution of higher learning governed by the board. The bill 23 requires that board member terms are staggered. 24 The bill requires that a member of the board be an eligible 25 elector of the state and requires that a member elected by 26 the voters of a congressional district be a resident of that 27 congressional district. The bill provides that filling a 28 vacancy in elective membership on the board shall be conducted 29 in accordance with current Code section 69.12. The bill 30 also establishes elections administration provisions for the 31 nomination and election of board members. 32 The bill provides transition provisions for the regular 33 election for school districts scheduled for 2017. 34 -4- LSB 1907YH (3) 86 aw/sc 4/ 4