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 TLSB 5971YH (4) 87 je/jh
H.F. 2329 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 -1- LSB 5971YH (4) 87 je/jh 1/ 11
H.F. 2329 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. 35 -2- LSB 5971YH (4) 87 je/jh 2/ 11
H.F. 2329 (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. 35 -3- LSB 5971YH (4) 87 je/jh 3/ 11
H.F. 2329 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 -4- LSB 5971YH (4) 87 je/jh 4/ 11
H.F. 2329 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 35 -5- LSB 5971YH (4) 87 je/jh 5/ 11
H.F. 2329 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 35 -6- LSB 5971YH (4) 87 je/jh 6/ 11
H.F. 2329 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 -7- LSB 5971YH (4) 87 je/jh 7/ 11
H.F. 2329 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 -8- LSB 5971YH (4) 87 je/jh 8/ 11
H.F. 2329 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 -9- LSB 5971YH (4) 87 je/jh 9/ 11
H.F. 2329 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 -10- LSB 5971YH (4) 87 je/jh 10/ 11
H.F. 2329 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 -11- LSB 5971YH (4) 87 je/jh 11/ 11