Senate File 423 - Introduced SENATE FILE 423 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1148) A BILL FOR An Act relating to the confirmation by the senate of certain 1 appointees, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1586SV (2) 89 ss/rn
S.F. 423 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 least 8 twenty-six senators and shall be submitted to the office of 9 the president of the senate, and the office of the governor 10 or the appointing authority, as applicable, within sixty days 11 following the appointment. The request shall be accompanied 12 by an explanation as to why senate confirmation is sought, and 13 shall be printed in the journal of the senate and included in 14 the materials submitted pursuant to section 2.32, subsection 3. 15 3. An appointee subject to confirmation pursuant to this 16 section shall be confirmed as provided in section 2.32, and 17 shall be considered a nominee to fill a vacancy occurring on 18 the date a request is submitted pursuant to this section. 19 Sec. 2. Section 16.2C, subsection 3, Code 2021, is amended 20 to read as follows: 21 3. The agricultural development board consists of five 22 members appointed by the governor subject to confirmation by 23 the senate . The executive director of the authority or the 24 executive director’s designee shall serve as an ex officio, 25 nonvoting member. 26 Sec. 3. Section 23.3, subsection 1, Code 2021, is amended 27 to read as follows: 28 1. An Iowa public information board is created consisting of 29 nine members appointed by the governor , subject to confirmation 30 by the senate . No more than three members appointed shall be 31 representatives from the media including newspapers and no 32 more than three members appointed shall be representatives 33 of cities, counties, and other political subdivisions of the 34 state. 35 -1- LSB 1586SV (2) 89 ss/rn 1/ 11
S.F. 423 Sec. 4. Section 35A.2, subsection 1, Code 2021, is amended 1 to read as follows: 2 1. A commission of veterans affairs is created consisting of 3 eleven persons who shall be appointed by the governor , subject 4 to confirmation by the senate . Members shall be appointed to 5 staggered terms of four years beginning and ending as provided 6 in section 69.19 . The governor shall fill a vacancy for the 7 unexpired portion of the term. In addition to the members 8 appointed by the governor, the director of the department 9 and the commandant of the Iowa veterans home shall serve as 10 nonvoting, ex officio members of the commission. 11 Sec. 5. Section 80B.6, subsection 1, unnumbered paragraph 12 1, Code 2021, is amended to read as follows: 13 An Iowa law enforcement academy council is created 14 consisting of the following thirteen voting members appointed 15 by the governor , subject to confirmation by the senate, to 16 terms of four years commencing as provided in section 69.19 : 17 Sec. 6. Section 80E.2, subsection 2, Code 2021, is amended 18 to read as follows: 19 2. The prosecuting attorney, licensed substance abuse 20 treatment specialist, certified substance abuse prevention 21 specialist, substance abuse treatment program director, 22 member representing the Iowa peace officers association, 23 member representing the Iowa state police association, and the 24 member representing the Iowa state sheriffs’ and deputies’ 25 association shall be appointed by the governor , subject to 26 senate confirmation, for four-year terms beginning and ending 27 as provided in section 69.19 . A vacancy on the council shall 28 be filled for the unexpired term in the same manner as the 29 original appointment was made. 30 Sec. 7. Section 142A.3, subsection 3, paragraph a, 31 unnumbered paragraph 1, Code 2021, is amended to read as 32 follows: 33 Members, at least one of whom is a member of a racial 34 minority, to be appointed by the governor , subject to 35 -2- LSB 1586SV (2) 89 ss/rn 2/ 11
S.F. 423 confirmation by the senate pursuant to sections 2.32 and 69.19 , 1 and consisting of the following: 2 Sec. 8. Section 216.3, subsection 1, Code 2021, is amended 3 to read as follows: 4 1. The Iowa state civil rights commission shall consist of 5 seven members appointed by the governor subject to confirmation 6 by the senate . Appointments shall be made to provide 7 geographical area representation insofar as practicable. No 8 more than four members of the commission shall belong to the 9 same political party. Members appointed to the commission 10 shall serve for four-year staggered terms beginning and ending 11 as provided by section 69.19 . 12 Sec. 9. Section 216A.12, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. The commission of Latino affairs consists of seven 15 members , appointed by the governor , and subject to confirmation 16 by the senate pursuant to section 2.32 . Commission members 17 shall be appointed in compliance with sections 69.16 and 18 69.16A . Commission members shall reside in the state. 19 Sec. 10. Section 216A.53, subsection 1, Code 2021, is 20 amended to read as follows: 21 1. The commission on the status of women is established and 22 shall consist of seven voting members who shall be appointed by 23 the governor , subject to confirmation by the senate pursuant 24 to section 2.32 , and shall represent a cross section of the 25 citizens of the state. All members shall reside in the state. 26 Sec. 11. Section 216A.74, subsection 1, Code 2021, is 27 amended to read as follows: 28 1. The commission of persons with disabilities is 29 established and shall consist of seven voting members appointed 30 by the governor , subject to confirmation by the senate pursuant 31 to section 2.32 . A majority of the commission shall be persons 32 with disabilities. All members shall reside in the state. 33 Sec. 12. Section 216A.92A, subsection 1, unnumbered 34 paragraph 1, Code 2021, is amended to read as follows: 35 -3- LSB 1586SV (2) 89 ss/rn 3/ 11
S.F. 423 The commission on community action agencies is created, 1 composed of nine members appointed by the governor , subject to 2 confirmation by the senate . The membership of the commission 3 shall reflect the composition of local community action agency 4 boards as follows: 5 Sec. 13. Section 216A.113, subsection 1, Code 2021, is 6 amended to read as follows: 7 1. The commission of deaf services is established, and shall 8 consist of seven voting members appointed by the governor , 9 subject to confirmation by the senate pursuant to section 10 2.32 . Membership of the commission shall include at least four 11 members who are deaf and at least one member who is hard of 12 hearing. All members shall reside in Iowa. 13 Sec. 14. Section 216A.132, subsection 1, paragraph a, 14 unnumbered paragraph 1, Code 2021, is amended to read as 15 follows: 16 The governor shall appoint nine voting members each for 17 a four-year term beginning and ending as provided in section 18 69.19 and subject to confirmation by the senate as follows: 19 Sec. 15. Section 216A.142, subsection 1, Code 2021, is 20 amended to read as follows: 21 1. The commission on the status of African Americans is 22 established and shall consist of seven members appointed by 23 the governor , subject to confirmation by the senate . All 24 members shall reside in Iowa. At least five members shall be 25 individuals who are African American. 26 Sec. 16. Section 216A.152, subsection 1, Code 2021, is 27 amended to read as follows: 28 1. The commission of Asian and Pacific Islander affairs is 29 established and shall consist of seven members appointed by the 30 governor , subject to confirmation by the senate . Members shall 31 be appointed representing every geographical area of the state 32 and ethnic groups of Asian and Pacific Islander heritage. All 33 members shall reside in Iowa. 34 Sec. 17. Section 216A.162, subsection 1, Code 2021, is 35 -4- LSB 1586SV (2) 89 ss/rn 4/ 11
S.F. 423 amended to read as follows: 1 1. A commission of Native American affairs is established 2 consisting of eleven voting members appointed by the governor , 3 subject to confirmation by the senate . 4 Sec. 18. Section 216B.2, Code 2021, is amended to read as 5 follows: 6 216B.2 Commission created. 7 1. The commission for the blind is established consisting 8 of three members appointed by the governor , subject to 9 confirmation by the senate . Members of the commission shall 10 serve three-year terms beginning and ending as provided in 11 section 69.19 . The commission shall adopt rules concerning 12 programs and services for blind persons provided under this 13 chapter . 14 2. Commission members shall be reimbursed for actual 15 expenses incurred in performance of their duties. Members may 16 also be eligible to receive compensation as provided in section 17 7E.6 . The members of the commission shall appoint officers for 18 the commission. A majority of the members of the commission 19 shall constitute a quorum. 20 Sec. 19. Section 217.2, subsection 1, paragraph a, Code 21 2021, is amended to read as follows: 22 a. There is created within the department of human services 23 a council on human services which shall act in a policymaking 24 and advisory capacity on matters within the jurisdiction of 25 the department. The council shall consist of seven voting 26 members appointed by the governor subject to confirmation 27 by the senate . Appointments shall be made on the basis of 28 interest in public affairs, good judgment, and knowledge and 29 ability in the field of human services. Appointments shall 30 be made to provide a diversity of interest and point of view 31 in the membership and without regard to religious opinions or 32 affiliations. The voting members of the council shall serve 33 for six-year staggered terms. 34 Sec. 20. Section 225C.5, subsection 1, unnumbered paragraph 35 -5- LSB 1586SV (2) 89 ss/rn 5/ 11
S.F. 423 1, Code 2021, is amended to read as follows: 1 A mental health and disability services commission is 2 created as the state policy-making body for the provision 3 of services to persons with mental illness, an intellectual 4 disability, other developmental disabilities, or brain 5 injury. The commission’s voting members shall be appointed 6 to three-year staggered terms by the governor and are subject 7 to confirmation by the senate . Commission members shall be 8 appointed on the basis of interest and experience in the fields 9 of mental health, intellectual disability, other developmental 10 disabilities, and brain injury, in a manner so as to ensure 11 adequate representation from persons with disabilities and 12 individuals knowledgeable concerning disability services. The 13 department shall provide staff support to the commission, and 14 the commission may utilize staff support and other assistance 15 provided to the commission by other persons. The commission 16 shall meet at least four times per year. The membership of the 17 commission shall consist of the following persons who, at the 18 time of appointment to the commission, are active members of 19 the indicated groups: 20 Sec. 21. Section 225C.51, subsection 2, Code 2021, is 21 amended to read as follows: 22 2. Members appointed by the governor shall serve four-year 23 staggered terms and are subject to confirmation by the senate . 24 The four-year terms shall begin and end as provided in section 25 69.19 . Vacancies on the state board shall be filled as 26 provided in section 2.32 . A member shall not be appointed for 27 more than two consecutive four-year terms. 28 Sec. 22. Section 231.11, Code 2021, is amended to read as 29 follows: 30 231.11 Commission established. 31 The commission on aging is established which shall consist 32 of eleven members. One member each shall be appointed by the 33 president of the senate, after consultation with the majority 34 leader of the senate, and by the minority leader of the 35 -6- LSB 1586SV (2) 89 ss/rn 6/ 11
S.F. 423 senate, from the members of the senate to serve as ex officio, 1 nonvoting members. One member each shall be appointed by the 2 speaker of the house of representatives and by the minority 3 leader of the house of representatives, from the members of 4 the house of representatives to serve as ex officio, nonvoting 5 members. Seven members shall be appointed by the governor 6 subject to confirmation by the senate . Not more than a simple 7 majority of the governor’s appointees shall belong to the same 8 political party. At least four of the seven members appointed 9 by the governor shall be fifty-five years of age or older when 10 appointed. 11 Sec. 23. Section 237.16, subsection 1, Code 2021, is amended 12 to read as follows: 13 1. The child advocacy board is created within the department 14 of inspections and appeals. The state board consists of nine 15 members appointed by the governor , subject to confirmation 16 by the senate and directly responsible to the governor. One 17 member shall be an active court appointed special advocate 18 volunteer, one member shall be an active member of a local 19 citizen foster care review board, and one member shall be a 20 judicial branch employee or judicial officer appointed from 21 nominees submitted by the judicial branch. The appointment is 22 for a term of four years that begins and ends as provided in 23 section 69.19 . Vacancies on the state board shall be filled in 24 the same manner as original appointments are made. 25 Sec. 24. Section 256.35A, subsection 2, paragraph a, 26 unnumbered paragraph 1, Code 2021, is amended to read as 27 follows: 28 The council shall consist of thirteen voting members 29 appointed by the governor and confirmed by the senate . The 30 majority of the voting members shall be individuals with autism 31 or members of their families. Additionally, each of the 32 following shall be represented among the voting members: 33 Sec. 25. Section 256I.3, subsection 2, paragraph a, Code 34 2021, is amended to read as follows: 35 -7- LSB 1586SV (2) 89 ss/rn 7/ 11
S.F. 423 a. The board shall consist of twenty-one voting members 1 with fifteen citizen members and six state agency members. 2 The six state agency members shall be the directors or their 3 designees of the following agencies: economic development 4 authority, education, human rights, human services, public 5 health, and workforce development. The designees of state 6 agency directors shall be selected on an annual basis. The 7 citizen members shall be appointed by the governor , subject to 8 confirmation by the senate . The governor’s appointments of 9 citizen members shall be made in a manner so that each of the 10 state’s congressional districts is represented by at least two 11 citizen members and so that all the appointments as a whole 12 reflect the ethnic, cultural, social, and economic diversity of 13 the state. A member of the state board shall not be a provider 14 of services or other entity receiving funding through the early 15 childhood Iowa initiative or be employed by such a provider or 16 other entity. 17 Sec. 26. Section 257.30, subsection 1, Code 2021, is amended 18 to read as follows: 19 1. A school budget review committee is established in 20 the department of education and consists of the director 21 of the department of education in an ex officio, nonvoting 22 capacity, the director of the department of management, and 23 four members who are knowledgeable in the areas of Iowa school 24 finance or public finance issues appointed by the governor 25 to represent the public. At least one of the public members 26 shall possess a master’s or doctoral degree in which areas 27 of school finance, economics, or statistics are an integral 28 component, or shall have equivalent experience in an executive 29 administrative or senior research position in the education 30 or public administration field. The members appointed by the 31 governor shall serve staggered three-year terms beginning 32 and ending as provided in section 69.19 and are subject to 33 senate confirmation as provided in section 2.32 . The committee 34 shall meet and hold hearings each year and shall continue in 35 -8- LSB 1586SV (2) 89 ss/rn 8/ 11
S.F. 423 session until it has reviewed budgets of school districts, as 1 provided in section 257.31 . The committee may call in school 2 board members and employees as necessary for the hearings. 3 The committee’s scheduled hearing agendas and the minutes of 4 such hearings shall be posted on the department of education’s 5 internet site. Legislators shall be notified of hearings 6 concerning school districts in their legislative districts. 7 Sec. 27. Section 333A.2, subsection 1, paragraphs b and c, 8 Code 2021, are amended to read as follows: 9 b. Five elected county officials who are regularly involved 10 in budget preparation. One county official shall be from 11 a county with a population of less than eleven thousand 12 five hundred, one from a county with a population of more 13 than eleven thousand five hundred but not more than sixteen 14 thousand, one from a county with a population of more than 15 sixteen thousand but not more than twenty-two thousand five 16 hundred, one from a county with a population of more than 17 twenty-two thousand five hundred but not more than eighty 18 thousand and one from a county with a population of more than 19 eighty thousand. The governor shall select and appoint the 20 county officials , subject to the approval of two-thirds of the 21 members of the senate . 22 c. A certified public accountant experienced in governmental 23 accounting selected and appointed by the governor with the 24 approval of two-thirds of the members of the senate . 25 Sec. 28. Section 368.9, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. A city development board is created. The economic 28 development authority shall provide office space and staff 29 assistance, and shall budget funds to cover expenses of the 30 board and committees. The board consists of five members 31 appointed by the governor subject to confirmation by the 32 senate . The appointments must be for four-year staggered terms 33 beginning and ending as provided by section 69.19 , or to fill 34 an unexpired term in case of a vacancy. Members are eligible 35 -9- LSB 1586SV (2) 89 ss/rn 9/ 11
S.F. 423 for reappointment. 1 Sec. 29. Section 514I.5, subsection 1, paragraph d, Code 2 2021, is amended to read as follows: 3 d. Four public members appointed by the governor and 4 subject to confirmation by the senate . The public members 5 shall be members of the general public who have experience, 6 knowledge, or expertise in the subject matter embraced within 7 this chapter . 8 Sec. 30. Section 602.2102, subsection 1, Code 2021, is 9 amended to read as follows: 10 1. A seven-member “Commission on Judicial Qualifications” 11 is established. The commission consists of one district judge 12 and two members who are practicing attorneys in Iowa and who 13 do not belong to the same political party, to be appointed 14 by the chief justice; and four electors of the state who are 15 not attorneys, no more than two of whom belong to the same 16 political party, to be appointed by the governor , subject to 17 confirmation by the senate . The commission members shall serve 18 for six-year terms, are ineligible for a second term, and 19 except for the judicial member shall not hold any other office 20 of and shall not be employed by the United States or the state 21 of Iowa or its political subdivisions. Members appointed by 22 the chief justice shall serve terms beginning January 1 of the 23 year for which the appointments are made and members appointed 24 by the governor shall serve staggered terms beginning and 25 ending as provided by section 69.19 . Vacancies shall be filled 26 by appointment by the chief justice or governor as provided in 27 this subsection , for the unexpired portion of the term. 28 Sec. 31. Section 904.104, Code 2021, is amended to read as 29 follows: 30 904.104 Board created. 31 A board of corrections is created within the department. The 32 board shall consist of seven members appointed by the governor 33 subject to confirmation by the senate . Not more than four of 34 the members shall be from the same political party. Members 35 -10- LSB 1586SV (2) 89 ss/rn 10/ 11
S.F. 423 shall be electors of this state. Members of the board shall 1 serve four-year staggered terms. 2 Sec. 32. EFFECTIVE DATE. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the confirmation of certain persons 8 appointed to fill vacancies by the governor or an appointing 9 authority other than the governor. The bill allows a member of 10 the senate to request that an appointee who is not otherwise 11 subject to confirmation by the senate by law be subject to 12 such confirmation. The request shall be signed by at least 13 26 senators and submitted to the secretary of the senate and 14 the governor or appointing authority within 60 days of the 15 appointment. The request shall also include the reason why 16 confirmation is sought and shall be printed in the journal 17 of the senate. The appointee shall be considered to be a 18 nominee to fill a vacancy occurring on the date the request is 19 submitted. 20 The bill removes provisions for mandatory senate 21 confirmation of appointees to several boards and commissions. 22 Such appointees would be subject to confirmation at the request 23 of a member of the senate pursuant to the bill. 24 The bill takes effect upon enactment. 25 -11- LSB 1586SV (2) 89 ss/rn 11/ 11