House
File
2329
-
Introduced
HOUSE
FILE
2329
BY
MASCHER
A
BILL
FOR
An
Act
relating
to
duties
of
and
programs
administered
by
the
1
state
board
of
regents
and
institutions
governed
by
the
2
state
board
of
regents.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
8D.9,
subsection
2,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
2
follows:
3
A
private
or
public
agency,
other
than
an
institution
4
governed
by
the
board
of
regents,
a
private
college
or
5
university
,
or
a
nonpublic
school,
which
certifies
to
the
6
commission
pursuant
to
subsection
1
that
the
agency
is
a
7
part
of
or
intends
to
become
a
part
of
the
network
shall
use
8
the
network
for
all
video,
data,
and
voice
requirements
of
9
the
agency
unless
the
private
or
public
agency
petitions
the
10
commission
for
a
waiver
and
one
of
the
following
applies:
11
Sec.
2.
Section
8D.9,
subsection
2,
paragraphs
b
and
c,
Code
12
2018,
are
amended
to
read
as
follows:
13
b.
A
private
or
public
agency,
other
than
an
institution
14
governed
by
the
board
of
regents,
a
private
college
or
15
university
,
or
a
nonpublic
school,
shall
petition
the
16
commission
for
a
waiver
of
the
requirement
to
use
the
network
17
as
provided
in
paragraph
“a”
,
if
the
agency
determines
that
18
paragraph
“a”
,
subparagraph
(1)
or
(2)
applies.
The
commission
19
shall
establish
by
rule
a
review
process
for
determining,
upon
20
application
of
an
authorized
user,
whether
paragraph
“a”
,
21
subparagraph
(1)
or
(2)
applies.
An
authorized
user
found
22
by
the
commission
to
be
under
contract
for
such
services
as
23
provided
in
paragraph
“a”
,
subparagraph
(2),
shall
not
enter
24
into
another
contract
upon
the
expiration
of
such
contract,
25
but
shall
utilize
the
network
for
such
services
as
provided
in
26
this
section
unless
paragraph
“a”
,
subparagraph
(1),
applies.
27
A
waiver
approved
by
the
commission
may
be
for
a
period
as
28
requested
by
the
private
or
public
agency
of
up
to
three
years.
29
c.
A
An
institution
governed
by
the
board
of
regents,
a
30
private
college
or
university
,
or
a
nonpublic
school
which
31
certifies
to
the
commission
pursuant
to
subsection
1
that
the
32
institution,
private
college,
university,
or
nonpublic
school
33
is
a
part
of
or
intends
to
become
a
part
of
the
network
may
34
use
the
network
for
its
video,
data,
or
voice
requirements
as
35
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determined
by
the
institution,
private
college
,
or
university
,
1
or
nonpublic
school.
2
Sec.
3.
Section
22.1,
subsection
3,
paragraph
b,
Code
2018,
3
is
amended
to
read
as
follows:
4
b.
“Public
records”
also
includes
all
records
relating
5
to
the
investment
of
public
funds
including
but
not
limited
6
to
investment
policies,
instructions,
trading
orders,
7
or
contracts,
whether
in
the
custody
of
the
public
body
8
responsible
for
the
public
funds
or
a
fiduciary
or
other
third
9
party.
“Public
records”
does
not
include
records
of
an
entity
10
other
than
a
government
body
in
which
an
institution
governed
11
by
the
state
board
of
regents
has
invested.
12
Sec.
4.
Section
22.7,
Code
2018,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
74.
Commercial
or
financial
information
15
that
is
proprietary
and
that
is
obtained
by
an
institution
16
governed
by
the
state
board
of
regents
from
any
source.
17
NEW
SUBSECTION
.
75.
The
following
records
of
or
belonging
18
to
an
institution
governed
by
state
board
of
regents,
which
19
have
been
developed,
produced,
discovered,
learned,
disclosed
20
to,
or
collected
or
received
by
or
on
behalf
of
faculty,
staff,
21
employees,
or
students
of
the
institution:
22
a.
Notes,
data,
manuscripts,
results,
discoveries,
23
methodologies,
confidential
information
contained
in
research
24
proposals,
and
other
information
relating
to
research
or
25
service
agreements
that
has
not
been
publicly
released,
26
published,
or
yet
afforded
intellectual
property
protection.
27
A
record
or
part
thereof
that
gives
the
name,
project
title,
28
source
and
amounts
of
funding,
and
project
time
period
of
any
29
research
project
shall
not
be
kept
confidential
under
this
30
subsection.
31
b.
(1)
The
specific
terms
and
conditions
of
any
license
32
or
other
commercialization
agreement
relating
to
state-owned
33
or
controlled
technology
or
the
development,
transfer,
or
34
commercialization
of
technology.
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(2)
Any
other
information
relating
to
state-owned
or
1
controlled
technology
or
the
development,
transfer,
or
2
commercialization
of
the
technology
that,
if
disclosed,
will
3
adversely
affect
or
give
other
persons
or
entities
an
advantage
4
over
the
institution
governed
by
the
state
board
of
regents
in
5
negotiating
terms
and
conditions
for
the
development,
transfer,
6
or
commercialization
of
the
technology.
7
c.
Proprietary
commercial
or
financial
information
that
8
is
voluntarily
provided
by
a
person
or
entity
pursuant
to
9
a
promise
of
confidentiality
from
an
institution
of
higher
10
learning
under
the
control
of
the
state
board
of
regents
and
11
that
is
used
by
the
institution
for
economic
development.
12
d.
Unpublished
lecture
notes,
course
materials,
test
13
questions,
scoring
keys,
and
other
examination
data
used
to
14
administer
an
academic
examination.
15
Sec.
5.
Section
23A.2,
subsection
10,
paragraph
k,
16
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
17
follows:
18
The
following
on-campus
activities
of
an
institution
or
19
school
under
the
control
of
the
state
board
of
regents
or
20
on-campus
activities
of
a
school
corporation:
21
Sec.
6.
Section
23A.2,
subsection
10,
paragraph
k,
22
subparagraphs
(8)
and
(9),
Code
2018,
are
amended
to
read
as
23
follows:
24
(8)
Services
Health
care
and
related
services
to
patients
25
and
visitors
at
by
the
university
of
Iowa
hospitals
and
26
clinics
,
except
as
specifically
listed
in
subsection
2
,
27
paragraph
“d”
.
28
(9)
Goods,
products,
or
professional
services
which
are
29
produced,
created,
or
sold
by
a
school
corporation
that
are
30
incidental
to
the
schools’
school
corporation’s
teaching
,
31
research,
and
extension
missions
mission
.
Goods,
products,
or
32
professional
services
provided
to
the
public
by
an
institution
33
or
school
under
the
control
of
the
state
board
of
regents
in
34
furtherance
of
the
institution’s
or
school’s
mission.
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Sec.
7.
Section
103.22,
subsection
2,
Code
2018,
is
amended
1
to
read
as
follows:
2
2.
Require
employees
of
municipal
utilities,
electric
3
membership
or
cooperative
associations,
investor-owned
4
utilities,
rural
water
associations
or
districts,
railroads,
5
telecommunications
companies,
franchised
cable
television
6
operators,
farms,
or
commercial
or
industrial
companies
,
or
7
institutions
under
the
control
of
the
state
board
of
regents
8
performing
manufacturing,
installation,
and
repair
work
for
9
such
employer
to
hold
licenses
while
acting
within
the
scope
10
of
their
employment.
An
employee
of
a
farm
does
not
include
a
11
person
who
is
employed
for
the
primary
purpose
of
installing
12
a
new
electrical
installation.
13
Sec.
8.
Section
261.103,
subsection
1,
Code
2018,
is
amended
14
to
read
as
follows:
15
1.
A
grant
under
the
program
may
be
awarded
to
any
minority
16
person
who
is
a
resident
of
Iowa,
who
is
accepted
for
admission
17
or
is
attending
a
board
of
regents’
university,
community
18
college,
or
an
accredited
private
institution,
and
who
19
demonstrates
financial
need.
Applicants
who
receive
vouchers
20
under
section
262.92
shall
be
given
priority
in
receiving
21
grants
under
the
program,
but
an
applicant
shall
not
be
denied
22
a
grant
because
the
applicant
does
not
hold
vouchers
under
the
23
program
in
section
262.92
.
For
the
fiscal
year
commencing
24
July
1,
1990,
and
in
subsequent
years,
grants
Grants
shall
be
25
awarded
to
all
minority
persons,
with
priority
to
be
given
to
26
those
minority
persons
who
are
residents
of
Iowa.
27
Sec.
9.
Section
261.104,
subsection
8,
Code
2018,
is
amended
28
by
striking
the
subsection.
29
Sec.
10.
NEW
SECTION
.
261.106
Report
to
general
assembly.
30
The
college
student
aid
commission
shall
submit
to
the
31
general
assembly,
by
January
15
of
each
year,
a
report
32
on
the
progress
and
implementation
of
the
program.
The
33
report
shall
include
but
is
not
limited
to
the
numbers
of
34
students
participating
in
the
program
and
allocation
of
funds
35
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appropriated
for
the
program.
1
Sec.
11.
Section
262.9,
subsection
36,
paragraphs
a
and
b,
2
Code
2018,
are
amended
to
read
as
follows:
3
a.
A
continuous
improvement
plan
shall
be
developed
and
4
implemented
built
based
upon
the
results
of
the
institution’s
5
student
outcomes
assessment
program
.
using
the
following
6
phase-in
timeline:
7
(1)
For
each
course
with
typical
annual
enrollment
of
8
three
hundred
or
more,
whether
in
one
or
multiple
sections,
a
9
continuous
improvement
plan
shall
be
developed
and
implemented
10
beginning
in
the
fall
semester
of
2013.
11
(2)
For
each
course
with
typical
annual
enrollment
of
two
12
hundred
or
more
but
less
than
three
hundred,
whether
in
one
13
or
multiple
sections,
a
continuous
improvement
plan
shall
be
14
developed
and
implemented
beginning
in
the
fall
semester
of
15
2014.
16
(3)
For
each
course
with
a
typical
annual
enrollment
of
17
one
hundred
or
more
but
less
than
two
hundred,
whether
in
one
18
or
multiple
sections,
a
continuous
improvement
plan
shall
be
19
developed
and
implemented
beginning
in
the
fall
semester
of
20
2015.
21
b.
For
each
undergraduate
course,
the
institution
shall
22
collect
and
use
the
results
of
formative
and
summative
23
assessments
in
its
continuous
improvement
plan.
The
board
24
shall
annually
evaluate
the
effectiveness
of
the
plans
student
25
outcomes
assessment
programs
and
shall
submit
an
executive
26
summary
of
its
findings
and
recommendations
in
its
annual
27
strategic
plan
progress
report,
a
copy
of
which
shall
be
28
submitted
to
the
general
assembly.
29
Sec.
12.
Section
262.9B,
subsection
5,
Code
2018,
is
amended
30
by
striking
the
subsection.
31
Sec.
13.
Section
262.14,
subsection
3,
Code
2018,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
f.
An
institution
governed
by
the
board
34
may
invest
funds
belonging
to
the
institution
in
private
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enterprises
if
such
investment
is
done
in
furtherance
of
the
1
institution’s
mission.
2
Sec.
14.
Section
262.26,
Code
2018,
is
amended
to
read
as
3
follows:
4
262.26
Report
of
Data
collection
——
information
and
reports
5
by
board.
6
The
board
shall
,
biennially,
at
the
time
provided
by
7
law,
report
to
the
governor
and
the
legislature
such
facts,
8
observations,
and
conclusions
respecting
each
of
such
9
institutions
as
in
the
judgment
of
the
board
should
be
10
considered
by
the
legislature.
Such
report
shall
contain
11
an
itemized
account
of
the
receipts
and
expenditures
of
the
12
board,
and
also
the
reports
made
to
the
board
by
the
executive
13
officers
of
the
several
institutions
or
a
summary
thereof,
14
and
shall
submit
budgets
for
biennial
appropriations
deemed
15
necessary
and
proper
to
be
made
for
the
support
of
the
several
16
institutions
and
for
the
extraordinary
and
special
expenditures
17
for
buildings,
betterments,
and
other
improvements
provide
for
18
the
annual
collection
of
data
from
each
institution
in
such
19
detail
and
form
as
the
board
determines
is
needed
to
perform
20
its
governance
responsibilities,
including
detailed
information
21
on
institutional
programs,
revenues,
and
expenditures
.
The
22
board
shall
provide
information
and
reports
for
the
governor
23
and
general
assembly
including
annual
appropriation
requests
24
deemed
necessary
and
proper
to
be
made
for
the
support
of
25
the
several
institutions
and
for
the
extraordinary
and
26
special
expenditures
for
buildings,
betterments,
and
other
27
improvements.
28
Sec.
15.
NEW
SECTION
.
262B.6
Acquisition
of
interests
in
29
related
entities.
30
Each
of
the
institutions
under
the
control
of
the
state
31
board
of
regents
may
acquire,
hold,
and
dispose
of
ownership
32
or
equity
interests
in
entities
that
arise
from
research
33
and
development
efforts
conducted
at
that
institution.
The
34
institution
may
use
the
institution’s
or
the
institution’s
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affiliated
entities’
retained
earnings
for
such
acquisition.
1
Sec.
16.
Section
263.12,
Code
2018,
is
amended
to
read
as
2
follows:
3
263.12
Payment
by
counties.
4
The
provisions
of
sections
Section
270.4
to
270.8
,
5
inclusive,
are
is
hereby
made
applicable
to
the
university
6
of
Iowa
hospitals
and
clinics’
center
for
disabilities
and
7
development.
8
Sec.
17.
Section
263.17,
subsection
4,
paragraph
b,
Code
9
2018,
is
amended
by
striking
the
paragraph.
10
Sec.
18.
Section
266.39E,
subsection
3,
Code
2018,
is
11
amended
by
striking
the
subsection.
12
Sec.
19.
Section
269.2,
Code
2018,
is
amended
to
read
as
13
follows:
14
269.2
Expenses
——
residence
of
indigents.
15
The
provisions
of
sections
Section
270.4
to
270.8
,
16
inclusive,
are
is
hereby
made
applicable
to
the
Iowa
braille
17
and
sight
saving
school.
18
Sec.
20.
Section
270.4,
Code
2018,
is
amended
to
read
as
19
follows:
20
270.4
Clothing
,
and
prescriptions
,
and
transportation
.
21
The
superintendent
shall
provide
students,
who
would
22
otherwise
be
without,
with
clothing
,
or
prescription
refills
,
23
or
transportation,
and
shall
bill
the
student’s
parent
or
24
guardian,
if
the
student
is
a
minor,
or
the
student
if
the
25
student
has
attained
the
age
of
majority,
for
any
clothing
,
or
26
prescription
refills
,
or
transportation
provided.
The
bill
27
shall
be
presumptive
evidence
in
all
courts.
28
Sec.
21.
Section
331.424,
subsection
1,
paragraph
a,
29
subparagraph
(1),
subparagraph
division
(c),
Code
2018,
is
30
amended
to
read
as
follows:
31
(c)
Clothing,
transportation,
medical,
or
other
services
32
provided
persons
attending
the
Iowa
braille
and
sight
saving
33
school,
the
Iowa
school
for
the
deaf,
or
the
university
of
Iowa
34
hospitals
and
clinics’
center
for
disabilities
and
development
35
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for
children
with
severe
disabilities
at
Iowa
City,
for
which
1
the
county
becomes
obligated
to
pay
pursuant
to
sections
2
263.12
,
269.2
,
and
270.4
through
270.7
.
3
Sec.
22.
Section
331.502,
subsection
16,
Code
2018,
is
4
amended
by
striking
the
subsection.
5
Sec.
23.
Section
331.552,
subsection
13,
Code
2018,
is
6
amended
to
read
as
follows:
7
13.
Make
transfer
payments
to
the
state
for
school
expenses
8
for
blind
and
deaf
children
and
support
of
persons
with
mental
9
illness
as
provided
in
sections
230.21
,
and
269.2
,
and
270.7
.
10
Sec.
24.
2008
Iowa
Acts,
chapter
1191,
section
14,
11
subsection
7,
is
amended
to
read
as
follows:
12
7.
The
following
are
range
7
positions:
administrator
13
of
the
public
broadcasting
division
of
the
department
of
14
education,
director
of
the
department
of
corrections,
director
15
of
the
department
of
education,
director
of
human
services,
16
director
of
the
department
of
economic
development,
executive
17
director
of
the
Iowa
telecommunications
and
technology
18
commission,
executive
director
of
the
state
board
of
regents,
19
director
of
transportation,
director
of
the
department
of
20
workforce
development,
director
of
revenue,
director
of
public
21
health,
state
court
administrator,
director
of
the
department
22
of
management,
and
director
of
the
department
of
administrative
23
services.
24
Sec.
25.
REPEAL.
Sections
262.24,
262.25,
262.91,
262.92,
25
262.93,
267A.7,
270.5,
270.6,
and
270.7,
Code
2018,
are
26
repealed.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
duties
of
and
programs
administered
by
31
the
state
board
of
regents
and
institutions
governed
by
the
32
board
(regents
institutions).
33
The
bill
authorizes
a
regents
institution
which
certifies
34
to
the
Iowa
telecommunications
and
technology
commission
35
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that
the
institution
is
a
part
of
or
intends
to
become
a
1
part
of
the
Iowa
communications
network
to
use
the
network
2
for
its
video,
data,
or
voice
requirements
as
determined
by
3
the
institution.
Current
law
requires
an
institution
that
4
makes
such
a
certification
to
use
the
network
for
all
video,
5
data,
and
voice
requirements
of
the
institution
unless
the
6
institution
petitions
the
commission
for
a
waiver
and
meets
one
7
of
certain
specified
criteria.
8
The
bill
provides
that
public
records
for
purposes
of
Code
9
chapter
22,
the
state
public
records
law,
do
not
include
10
records
of
an
entity
other
than
a
government
body
in
which
a
11
regents
institution
has
invested.
12
The
bill
provides
that
commercial
or
financial
information
13
that
is
proprietary
and
that
is
obtained
by
a
regents
14
institution
from
any
source
is
a
confidential
record
under
15
Code
chapter
22.
The
bill
provides
that
certain
specified
16
records
of
or
belonging
to
a
regents
institution,
which
have
17
been
developed,
produced,
discovered,
learned,
disclosed
to,
18
or
collected
or
received
by
or
on
behalf
of
faculty,
staff,
19
employees,
or
students
of
the
institution
are
confidential
20
records
under
Code
chapter
22.
21
The
bill
modifies
exemptions
to
Code
chapter
23,
which
22
generally
prohibits
state
agencies
and
political
subdivisions
23
from
competing
with
private
enterprise,
applicable
to
24
regents
institutions.
The
bill
strikes
language
limiting
25
such
exemptions
only
to
on-campus
activities
of
regents
26
institutions.
The
bill
strikes
language
exempting
services
27
to
patients
and
visitors
at
the
university
of
Iowa
hospitals
28
and
clinics
and
instead
provides
that
health
care
and
29
related
services
to
patients
and
visitors
by
the
university
30
of
Iowa
hospitals
and
clinics
are
exempt
from
Code
chapter
31
23.
The
bill
strikes
language
exempting
goods,
products,
32
or
professional
services
which
are
produced,
created,
or
33
sold
incidental
to
the
institution’s
teaching,
research,
and
34
extension
mission
and
instead
provides
that
goods,
products,
35
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or
professional
services
provided
to
the
public
by
a
regents
1
institution
in
furtherance
of
the
institution’s
mission
are
2
exempt
from
Code
chapter
23.
3
The
bill
provides
that
employees
of
regents
institutions
4
performing
manufacturing,
installation,
and
repair
work
do
5
not
need
to
hold
licenses
under
Code
chapter
103,
relating
to
6
electricians
and
electrical
contractors,
while
acting
within
7
the
scope
of
their
employment.
8
The
bill
strikes
language
requiring
the
Iowa
school
for
9
the
deaf,
the
Iowa
braille
and
sight
saving
school,
and
10
the
university
of
Iowa
hospitals
and
clinics’
center
for
11
disabilities
and
development
to
provide
transportation
to
12
students
who
would
otherwise
be
without
transportation.
13
Language
relating
to
transportation
reimbursements
for
parents
14
of
students
attending
the
school
for
the
deaf
and
Iowa
braille
15
and
sight
saving
school
is
retained.
16
The
bill
strikes
language
providing
for
payment
procedures
17
involving
counties
and
the
department
of
administrative
18
services
for
clothing,
prescription
refills,
and
other
services
19
provided
by
the
Iowa
school
for
the
deaf,
the
Iowa
braille
and
20
sight
saving
school,
and
the
university
of
Iowa
hospitals
and
21
clinics’
center
for
disabilities
and
development.
22
The
bill
strikes
language
providing
for
a
phased-in
23
implementation
timeline
for
continuous
improvement
plans
24
developed
and
implemented
based
upon
the
results
of
the
regents
25
institutions’
student
outcomes
assessment
programs.
The
26
phased-in
implementation
timeline
has
concluded.
The
bill
27
strikes
language
requiring
each
regents
institution
to
collect
28
and
use
the
results
of
formative
and
summative
assessments
in
29
its
continuous
improvement
plan
for
each
undergraduate
course.
30
The
bill
requires
the
board
of
regents
to
annually
evaluate
31
the
outcomes
assessment
programs
in
a
report
to
the
general
32
assembly.
33
The
bill
authorizes
regents
institutions
to
acquire,
hold,
34
and
dispose
of
ownership
or
equity
interests
in
entities
that
35
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arise
from
research
and
development
efforts
conducted
at
that
1
institution.
The
institution
may
use
the
institution’s
or
the
2
institution’s
affiliated
entities’
retained
earnings
for
such
3
acquisition.
4
The
bill
authorizes
a
regents
institution
to
invest
funds
5
belonging
to
the
institution
in
private
enterprises
if
such
6
investment
is
done
in
furtherance
of
the
institution’s
mission.
7
The
bill
strikes
language
requiring
the
state
board
of
8
regents
to
establish
college-bound
programs
to
provide
Iowa
9
minority
students
with
information
and
experiences
relating
to
10
opportunities
offered
at
regents
institutions.
11
The
bill
strikes
language
providing
that
the
executive
12
director
of
the
state
board
of
regents
is
a
range
7
position
13
for
purposes
of
the
salary
range
established
in
2008
Iowa
Acts,
14
chapter
1191,
section
14.
15
The
bill
strikes
various
reporting
requirements
for
16
programs
administered
by
the
state
board
of
regents
or
regents
17
institutions,
including
reports
on
cooperative
purchasing,
the
18
center
for
health
effects
of
environmental
contamination,
the
19
beginning
farmer
center,
the
Iowa
minority
academic
grants
for
20
economic
success
program,
the
minority
and
women
educators
21
enhancement
programs,
and
the
local
food
and
farm
program.
22
The
bill
strikes
required
reports
to
the
state
board
of
23
regents
by
the
executive
officer
and
secretarial
officer,
24
respectively,
of
each
regents
institution.
The
bill
requires
25
the
board
to
provide
for
the
annual
collection
of
data
26
from
each
regents
institution
in
such
detail
and
form
as
27
the
board
determines
is
needed
to
perform
its
governance
28
responsibilities.
The
bill
modifies
procedures
for
the
board’s
29
general
report
to
the
governor
and
general
assembly,
including
30
changing
the
report
from
biennial
to
annual
and
striking
a
31
requirement
that
the
report
include
an
itemized
account
of
the
32
receipts
and
expenditures
of
the
board.
33
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