Senate File 2263 - Introduced SENATE FILE 2263 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3075) A BILL FOR An Act relating to the confirmation by the senate of certain 1 appointees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5644SV (2) 89 ss/rn
S.F. 2263 Section 1. NEW SECTION . 2.32B Confirmations of appointment 1 —— requests. 2 1. A member of the senate may request that an appointment 3 made by the governor or an appointing authority other than the 4 governor that is not otherwise subject to senate confirmation 5 pursuant to section 2.32 be subject to such confirmation as 6 provided in that section. 7 2. A request under this section shall be signed by at 8 least twenty-six senators and shall be submitted to the office 9 of the president of the senate within sixty days following 10 the appointment. The request shall be accompanied by an 11 explanation as to why senate confirmation is sought, and shall 12 be printed in the journal of the senate and included in the 13 materials submitted pursuant to section 2.32, subsection 3. 14 3. The secretary of the senate shall notify the office of 15 the governor or the appointing authority, as applicable, within 16 two days of receipt of a request under this section. 17 4. An appointee subject to confirmation pursuant to this 18 section shall be confirmed as provided in section 2.32, and 19 shall be considered a nominee to fill a vacancy occurring on 20 the date a request is submitted pursuant to this section. 21 5. An appointee who is the subject of a request pursuant 22 to this section shall remain in the appointed position as a 23 temporary or interim appointee until confirmed pursuant to 24 section 2.32, withdrawn from consideration by the governor 25 or appointing authority, or otherwise terminated from the 26 position. 27 6. The senate may adopt rules for the implementation of this 28 section. 29 Sec. 2. Section 16.2C, subsection 3, Code 2022, is amended 30 to read as follows: 31 3. The agricultural development board consists of five 32 members appointed by the governor subject to confirmation by 33 the senate . The executive director of the authority or the 34 executive director’s designee shall serve as an ex officio, 35 -1- LSB 5644SV (2) 89 ss/rn 1/ 11
S.F. 2263 nonvoting member. 1 Sec. 3. Section 23.3, subsection 1, Code 2022, is amended 2 to read as follows: 3 1. An Iowa public information board is created consisting of 4 nine members appointed by the governor , subject to confirmation 5 by the senate . No more than three members appointed shall be 6 representatives from the media including newspapers and no 7 more than three members appointed shall be representatives 8 of cities, counties, and other political subdivisions of the 9 state. 10 Sec. 4. Section 35A.2, subsection 1, Code 2022, is amended 11 to read as follows: 12 1. A commission of veterans affairs is created consisting of 13 eleven persons who shall be appointed by the governor , subject 14 to confirmation by the senate . Members shall be appointed to 15 staggered terms of four years beginning and ending as provided 16 in section 69.19 . The governor shall fill a vacancy for the 17 unexpired portion of the term. In addition to the members 18 appointed by the governor, the director of the department 19 and the commandant of the Iowa veterans home shall serve as 20 nonvoting, ex officio members of the commission. 21 Sec. 5. Section 80B.6, subsection 1, unnumbered paragraph 22 1, Code 2022, is amended to read as follows: 23 An Iowa law enforcement academy council is created 24 consisting of the following thirteen voting members appointed 25 by the governor , subject to confirmation by the senate, to 26 terms of four years commencing as provided in section 69.19 : 27 Sec. 6. Section 80E.2, subsection 2, Code 2022, is amended 28 to read as follows: 29 2. The prosecuting attorney, licensed substance abuse 30 treatment specialist, certified substance abuse prevention 31 specialist, substance abuse treatment program director, 32 member representing the Iowa peace officers association, 33 member representing the Iowa state police association, and the 34 member representing the Iowa state sheriffs’ and deputies’ 35 -2- LSB 5644SV (2) 89 ss/rn 2/ 11
S.F. 2263 association shall be appointed by the governor , subject to 1 senate confirmation, for four-year terms beginning and ending 2 as provided in section 69.19 . A vacancy on the council shall 3 be filled for the unexpired term in the same manner as the 4 original appointment was made. 5 Sec. 7. Section 142A.3, subsection 3, paragraph a, 6 unnumbered paragraph 1, Code 2022, is amended to read as 7 follows: 8 Members, at least one of whom is a member of a racial 9 minority, to be appointed by the governor , subject to 10 confirmation by the senate pursuant to sections 2.32 and 69.19 , 11 and consisting of the following: 12 Sec. 8. Section 216.3, subsection 1, Code 2022, is amended 13 to read as follows: 14 1. The Iowa state civil rights commission shall consist of 15 seven members appointed by the governor subject to confirmation 16 by the senate . Appointments shall be made to provide 17 geographical area representation insofar as practicable. No 18 more than four members of the commission shall belong to the 19 same political party. Members appointed to the commission 20 shall serve for four-year staggered terms beginning and ending 21 as provided by section 69.19 . 22 Sec. 9. Section 216A.12, subsection 1, Code 2022, is amended 23 to read as follows: 24 1. The commission of Latino affairs consists of seven 25 members , appointed by the governor , and subject to confirmation 26 by the senate pursuant to section 2.32 . Commission members 27 shall be appointed in compliance with sections 69.16 and 28 69.16A . Commission members shall reside in the state. 29 Sec. 10. Section 216A.53, subsection 1, Code 2022, is 30 amended to read as follows: 31 1. The commission on the status of women is established and 32 shall consist of seven voting members who shall be appointed by 33 the governor , subject to confirmation by the senate pursuant 34 to section 2.32 , and shall represent a cross section of the 35 -3- LSB 5644SV (2) 89 ss/rn 3/ 11
S.F. 2263 citizens of the state. All members shall reside in the state. 1 Sec. 11. Section 216A.74, subsection 1, Code 2022, is 2 amended to read as follows: 3 1. The commission of persons with disabilities is 4 established and shall consist of seven voting members appointed 5 by the governor , subject to confirmation by the senate pursuant 6 to section 2.32 . A majority of the commission shall be persons 7 with disabilities. All members shall reside in the state. 8 Sec. 12. Section 216A.92A, subsection 1, unnumbered 9 paragraph 1, Code 2022, is amended to read as follows: 10 The commission on community action agencies is created, 11 composed of nine members appointed by the governor , subject to 12 confirmation by the senate . The membership of the commission 13 shall reflect the composition of local community action agency 14 boards as follows: 15 Sec. 13. Section 216A.113, subsection 1, Code 2022, is 16 amended to read as follows: 17 1. The commission of deaf services is established, and shall 18 consist of seven voting members appointed by the governor , 19 subject to confirmation by the senate pursuant to section 20 2.32 . Membership of the commission shall include at least four 21 members who are deaf and at least one member who is hard of 22 hearing. All members shall reside in Iowa. 23 Sec. 14. Section 216A.132, subsection 1, paragraph a, 24 unnumbered paragraph 1, Code 2022, is amended to read as 25 follows: 26 The governor shall appoint nine voting members each for 27 a four-year term beginning and ending as provided in section 28 69.19 and subject to confirmation by the senate as follows: 29 Sec. 15. Section 216A.142, subsection 1, Code 2022, is 30 amended to read as follows: 31 1. The commission on the status of African Americans is 32 established and shall consist of seven members appointed by 33 the governor , subject to confirmation by the senate . All 34 members shall reside in Iowa. At least five members shall be 35 -4- LSB 5644SV (2) 89 ss/rn 4/ 11
S.F. 2263 individuals who are African American. 1 Sec. 16. Section 216A.152, subsection 1, Code 2022, is 2 amended to read as follows: 3 1. The commission of Asian and Pacific Islander affairs is 4 established and shall consist of seven members appointed by the 5 governor , subject to confirmation by the senate . Members shall 6 be appointed representing every geographical area of the state 7 and ethnic groups of Asian and Pacific Islander heritage. All 8 members shall reside in Iowa. 9 Sec. 17. Section 216A.162, subsection 1, Code 2022, is 10 amended to read as follows: 11 1. A commission of Native American affairs is established 12 consisting of eleven voting members appointed by the governor , 13 subject to confirmation by the senate . 14 Sec. 18. Section 216B.2, subsection 1, Code 2022, is amended 15 to read as follows: 16 1. The commission for the blind is established consisting 17 of three members appointed by the governor , subject to 18 confirmation by the senate . Members of the commission shall 19 serve three-year terms beginning and ending as provided in 20 section 69.19 . The members of the commission shall appoint 21 officers for the commission. A majority of the members of the 22 commission shall constitute a quorum. 23 Sec. 19. Section 217.2, subsection 1, paragraph a, Code 24 2022, is amended to read as follows: 25 a. There is created within the department of human services 26 a council on human services which shall act in a policymaking 27 and advisory capacity on matters within the jurisdiction of 28 the department. The council shall consist of seven voting 29 members appointed by the governor subject to confirmation 30 by the senate . Appointments shall be made on the basis of 31 interest in public affairs, good judgment, and knowledge and 32 ability in the field of human services. Appointments shall 33 be made to provide a diversity of interest and point of view 34 in the membership and without regard to religious opinions or 35 -5- LSB 5644SV (2) 89 ss/rn 5/ 11
S.F. 2263 affiliations. The voting members of the council shall serve 1 for six-year staggered terms. 2 Sec. 20. Section 225C.5, subsection 1, unnumbered paragraph 3 1, Code 2022, is amended to read as follows: 4 A mental health and disability services commission is 5 created as the state policy-making body for the provision 6 of services to persons with mental illness, an intellectual 7 disability, other developmental disabilities, or brain 8 injury. The commission’s voting members shall be appointed 9 to three-year staggered terms by the governor and are subject 10 to confirmation by the senate . Commission members shall be 11 appointed on the basis of interest and experience in the fields 12 of mental health, intellectual disability, other developmental 13 disabilities, and brain injury, in a manner so as to ensure 14 adequate representation from persons with disabilities and 15 individuals knowledgeable concerning disability services. The 16 department shall provide staff support to the commission, and 17 the commission may utilize staff support and other assistance 18 provided to the commission by other persons. The commission 19 shall meet at least four times per year. The membership of the 20 commission shall consist of the following persons who, at the 21 time of appointment to the commission, are active members of 22 the indicated groups: 23 Sec. 21. Section 225C.51, subsection 2, Code 2022, is 24 amended to read as follows: 25 2. Members appointed by the governor shall serve four-year 26 staggered terms and are subject to confirmation by the senate . 27 The four-year terms shall begin and end as provided in section 28 69.19 . Vacancies on the state board shall be filled as 29 provided in section 2.32 . A member shall not be appointed for 30 more than two consecutive four-year terms. 31 Sec. 22. Section 231.11, Code 2022, is amended to read as 32 follows: 33 231.11 Commission established. 34 The commission on aging is established which shall consist 35 -6- LSB 5644SV (2) 89 ss/rn 6/ 11
S.F. 2263 of eleven members. One member each shall be appointed by the 1 president of the senate, after consultation with the majority 2 leader of the senate, and by the minority leader of the 3 senate, from the members of the senate to serve as ex officio, 4 nonvoting members. One member each shall be appointed by the 5 speaker of the house of representatives and by the minority 6 leader of the house of representatives, from the members of 7 the house of representatives to serve as ex officio, nonvoting 8 members. Seven members shall be appointed by the governor 9 subject to confirmation by the senate . Not more than a simple 10 majority of the governor’s appointees shall belong to the same 11 political party. At least four of the seven members appointed 12 by the governor shall be fifty-five years of age or older when 13 appointed. 14 Sec. 23. Section 237.16, subsection 1, Code 2022, is amended 15 to read as follows: 16 1. The child advocacy board is created within the department 17 of inspections and appeals. The state board consists of nine 18 members appointed by the governor , subject to confirmation 19 by the senate and directly responsible to the governor. One 20 member shall be an active court appointed special advocate 21 volunteer, one member shall be an active member of a local 22 citizen foster care review board, and one member shall be a 23 judicial branch employee or judicial officer appointed from 24 nominees submitted by the judicial branch. The appointment is 25 for a term of four years that begins and ends as provided in 26 section 69.19 . Vacancies on the state board shall be filled in 27 the same manner as original appointments are made. 28 Sec. 24. Section 256.35A, subsection 2, paragraph a, 29 unnumbered paragraph 1, Code 2022, is amended to read as 30 follows: 31 The council shall consist of thirteen voting members 32 appointed by the governor and confirmed by the senate . The 33 majority of the voting members shall be individuals with autism 34 or members of their families. Additionally, each of the 35 -7- LSB 5644SV (2) 89 ss/rn 7/ 11
S.F. 2263 following shall be represented among the voting members: 1 Sec. 25. Section 256I.3, subsection 2, paragraph a, Code 2 2022, is amended to read as follows: 3 a. The board shall consist of twenty-one voting members 4 with fifteen citizen members and six state agency members. 5 The six state agency members shall be the directors or their 6 designees of the following agencies: economic development 7 authority, education, human rights, human services, public 8 health, and workforce development. The designees of state 9 agency directors shall be selected on an annual basis. The 10 citizen members shall be appointed by the governor , subject to 11 confirmation by the senate . The governor’s appointments of 12 citizen members shall be made in a manner so that each of the 13 state’s congressional districts is represented by at least two 14 citizen members and so that all the appointments as a whole 15 reflect the ethnic, cultural, social, and economic diversity of 16 the state. A member of the state board shall not be a provider 17 of services or other entity receiving funding through the early 18 childhood Iowa initiative or be employed by such a provider or 19 other entity. 20 Sec. 26. Section 257.30, subsection 1, Code 2022, is amended 21 to read as follows: 22 1. A school budget review committee is established in 23 the department of education and consists of the director 24 of the department of education in an ex officio, nonvoting 25 capacity, the director of the department of management, and 26 four members who are knowledgeable in the areas of Iowa school 27 finance or public finance issues appointed by the governor 28 to represent the public. At least one of the public members 29 shall possess a master’s or doctoral degree in which areas 30 of school finance, economics, or statistics are an integral 31 component, or shall have equivalent experience in an executive 32 administrative or senior research position in the education 33 or public administration field. The members appointed by the 34 governor shall serve staggered three-year terms beginning 35 -8- LSB 5644SV (2) 89 ss/rn 8/ 11
S.F. 2263 and ending as provided in section 69.19 and are subject to 1 senate confirmation as provided in section 2.32 . The committee 2 shall meet and hold hearings each year and shall continue in 3 session until it has reviewed budgets of school districts, as 4 provided in section 257.31 . The committee may call in school 5 board members and employees as necessary for the hearings. 6 The committee’s scheduled hearing agendas and the minutes of 7 such hearings shall be posted on the department of education’s 8 internet site. Legislators shall be notified of hearings 9 concerning school districts in their legislative districts. 10 Sec. 27. Section 333A.2, subsection 1, paragraphs b and c, 11 Code 2022, are amended to read as follows: 12 b. Five elected county officials who are regularly involved 13 in budget preparation. One county official shall be from 14 a county with a population of less than eleven thousand 15 five hundred, one from a county with a population of more 16 than eleven thousand five hundred but not more than sixteen 17 thousand, one from a county with a population of more than 18 sixteen thousand but not more than twenty-two thousand five 19 hundred, one from a county with a population of more than 20 twenty-two thousand five hundred but not more than eighty 21 thousand and one from a county with a population of more than 22 eighty thousand. The governor shall select and appoint the 23 county officials , subject to the approval of two-thirds of the 24 members of the senate . 25 c. A certified public accountant experienced in governmental 26 accounting selected and appointed by the governor with the 27 approval of two-thirds of the members of the senate . 28 Sec. 28. Section 368.9, subsection 1, Code 2022, is amended 29 to read as follows: 30 1. A city development board is created. The economic 31 development authority shall provide office space and staff 32 assistance, and shall budget funds to cover expenses of the 33 board and committees. The board consists of five members 34 appointed by the governor subject to confirmation by the 35 -9- LSB 5644SV (2) 89 ss/rn 9/ 11
S.F. 2263 senate . The appointments must be for four-year staggered terms 1 beginning and ending as provided by section 69.19 , or to fill 2 an unexpired term in case of a vacancy. Members are eligible 3 for reappointment. 4 Sec. 29. Section 514I.5, subsection 1, paragraph d, Code 5 2022, is amended to read as follows: 6 d. Four public members appointed by the governor and 7 subject to confirmation by the senate . The public members 8 shall be members of the general public who have experience, 9 knowledge, or expertise in the subject matter embraced within 10 this chapter . 11 Sec. 30. Section 602.2102, subsection 1, Code 2022, is 12 amended to read as follows: 13 1. A seven-member “Commission on Judicial Qualifications” 14 is established. The commission consists of one district judge 15 and two members who are practicing attorneys in Iowa and who 16 do not belong to the same political party, to be appointed 17 by the chief justice; and four electors of the state who are 18 not attorneys, no more than two of whom belong to the same 19 political party, to be appointed by the governor , subject to 20 confirmation by the senate . The commission members shall serve 21 for six-year terms, are ineligible for a second term, and 22 except for the judicial member shall not hold any other office 23 of and shall not be employed by the United States or the state 24 of Iowa or its political subdivisions. Members appointed by 25 the chief justice shall serve terms beginning January 1 of the 26 year for which the appointments are made and members appointed 27 by the governor shall serve staggered terms beginning and 28 ending as provided by section 69.19 . Vacancies shall be filled 29 by appointment by the chief justice or governor as provided in 30 this subsection , for the unexpired portion of the term. 31 Sec. 31. Section 904.104, Code 2022, is amended to read as 32 follows: 33 904.104 Board created. 34 A board of corrections is created within the department. The 35 -10- LSB 5644SV (2) 89 ss/rn 10/ 11
S.F. 2263 board shall consist of seven members appointed by the governor 1 subject to confirmation by the senate . Not more than four of 2 the members shall be from the same political party. Members 3 shall be electors of this state. Members of the board shall 4 serve four-year staggered terms. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the confirmation of certain persons 9 appointed to fill vacancies by the governor or an appointing 10 authority other than the governor. The bill allows a member of 11 the senate to request that an appointee who is not otherwise 12 subject to confirmation by the senate by law be subject to 13 such confirmation. The request shall be signed by at least 26 14 senators and submitted to the secretary of the senate within 15 60 days of the appointment. The secretary of the senate shall 16 inform the governor or appointing authority within two days of 17 receiving such a request. The request shall also include the 18 reason why confirmation is sought and shall be printed in the 19 journal of the senate. The appointee shall be considered to be 20 a nominee to fill a vacancy occurring on the date the request 21 is submitted. The appointee shall continue to serve in the 22 appointed position as a temporary or interim appointee until 23 the appointee is confirmed, withdrawn from consideration, or 24 otherwise terminated from the position. The bill allows the 25 senate to adopt rules to implement the bill. 26 The bill removes provisions for mandatory senate 27 confirmation of appointees to several boards and commissions. 28 Such appointees would be subject to confirmation at the request 29 of a member of the senate pursuant to the bill. 30 -11- LSB 5644SV (2) 89 ss/rn 11/ 11