Senate Study Bill 1148 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) 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 1586XC (5) 89 ss/rn
S.F. _____ 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 1586XC (5) 89 ss/rn 1/ 12
S.F. _____ 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 68B.32, subsection 1, Code 2021, is amended 12 to read as follows: 13 1. An Iowa ethics and campaign disclosure board is 14 established as an independent agency. The board shall 15 administer this chapter and set standards for, investigate 16 complaints relating to, and monitor the ethics of officials, 17 employees, lobbyists, and candidates for office in the 18 executive branch of state government. The board shall 19 administer and set standards for, investigate complaints 20 relating to, and monitor the campaign finance practices of 21 candidates for public office. The board shall administer and 22 establish standards for, investigate complaints relating to, 23 and monitor the reporting of gifts and bequests under section 24 8.7 . The board shall consist of six members and shall be 25 balanced as to political affiliation as provided in section 26 69.16 . The members shall be appointed by the governor , subject 27 to confirmation by the senate . 28 Sec. 6. Section 80B.6, subsection 1, unnumbered paragraph 29 1, Code 2021, is amended to read as follows: 30 An Iowa law enforcement academy council is created 31 consisting of the following thirteen voting members appointed 32 by the governor , subject to confirmation by the senate, to 33 terms of four years commencing as provided in section 69.19 : 34 Sec. 7. Section 80E.2, subsection 2, Code 2021, is amended 35 -2- LSB 1586XC (5) 89 ss/rn 2/ 12
S.F. _____ to read as follows: 1 2. The prosecuting attorney, licensed substance abuse 2 treatment specialist, certified substance abuse prevention 3 specialist, substance abuse treatment program director, 4 member representing the Iowa peace officers association, 5 member representing the Iowa state police association, and the 6 member representing the Iowa state sheriffs’ and deputies’ 7 association shall be appointed by the governor , subject to 8 senate confirmation, for four-year terms beginning and ending 9 as provided in section 69.19 . A vacancy on the council shall 10 be filled for the unexpired term in the same manner as the 11 original appointment was made. 12 Sec. 8. Section 142A.3, subsection 3, paragraph a, 13 unnumbered paragraph 1, Code 2021, is amended to read as 14 follows: 15 Members, at least one of whom is a member of a racial 16 minority, to be appointed by the governor , subject to 17 confirmation by the senate pursuant to sections 2.32 and 69.19 , 18 and consisting of the following: 19 Sec. 9. Section 216.3, subsection 1, Code 2021, is amended 20 to read as follows: 21 1. The Iowa state civil rights commission shall consist of 22 seven members appointed by the governor subject to confirmation 23 by the senate . Appointments shall be made to provide 24 geographical area representation insofar as practicable. No 25 more than four members of the commission shall belong to the 26 same political party. Members appointed to the commission 27 shall serve for four-year staggered terms beginning and ending 28 as provided by section 69.19 . 29 Sec. 10. Section 216A.12, subsection 1, Code 2021, is 30 amended to read as follows: 31 1. The commission of Latino affairs consists of seven 32 members , appointed by the governor , and subject to confirmation 33 by the senate pursuant to section 2.32 . Commission members 34 shall be appointed in compliance with sections 69.16 and 35 -3- LSB 1586XC (5) 89 ss/rn 3/ 12
S.F. _____ 69.16A . Commission members shall reside in the state. 1 Sec. 11. Section 216A.53, subsection 1, Code 2021, is 2 amended to read as follows: 3 1. The commission on the status of women is established and 4 shall consist of seven voting members who shall be appointed by 5 the governor , subject to confirmation by the senate pursuant 6 to section 2.32 , and shall represent a cross section of the 7 citizens of the state. All members shall reside in the state. 8 Sec. 12. Section 216A.74, subsection 1, Code 2021, is 9 amended to read as follows: 10 1. The commission of persons with disabilities is 11 established and shall consist of seven voting members appointed 12 by the governor , subject to confirmation by the senate pursuant 13 to section 2.32 . A majority of the commission shall be persons 14 with disabilities. All members shall reside in the state. 15 Sec. 13. Section 216A.92A, subsection 1, unnumbered 16 paragraph 1, Code 2021, is amended to read as follows: 17 The commission on community action agencies is created, 18 composed of nine members appointed by the governor , subject to 19 confirmation by the senate . The membership of the commission 20 shall reflect the composition of local community action agency 21 boards as follows: 22 Sec. 14. Section 216A.113, subsection 1, Code 2021, is 23 amended to read as follows: 24 1. The commission of deaf services is established, and shall 25 consist of seven voting members appointed by the governor , 26 subject to confirmation by the senate pursuant to section 27 2.32 . Membership of the commission shall include at least four 28 members who are deaf and at least one member who is hard of 29 hearing. All members shall reside in Iowa. 30 Sec. 15. Section 216A.132, subsection 1, paragraph a, 31 unnumbered paragraph 1, Code 2021, is amended to read as 32 follows: 33 The governor shall appoint nine voting members each for 34 a four-year term beginning and ending as provided in section 35 -4- LSB 1586XC (5) 89 ss/rn 4/ 12
S.F. _____ 69.19 and subject to confirmation by the senate as follows: 1 Sec. 16. Section 216A.142, subsection 1, Code 2021, is 2 amended to read as follows: 3 1. The commission on the status of African Americans is 4 established and shall consist of seven members appointed by 5 the governor , subject to confirmation by the senate . All 6 members shall reside in Iowa. At least five members shall be 7 individuals who are African American. 8 Sec. 17. Section 216A.152, subsection 1, Code 2021, is 9 amended to read as follows: 10 1. The commission of Asian and Pacific Islander affairs is 11 established and shall consist of seven members appointed by the 12 governor , subject to confirmation by the senate . Members shall 13 be appointed representing every geographical area of the state 14 and ethnic groups of Asian and Pacific Islander heritage. All 15 members shall reside in Iowa. 16 Sec. 18. Section 216A.162, subsection 1, Code 2021, is 17 amended to read as follows: 18 1. A commission of Native American affairs is established 19 consisting of eleven voting members appointed by the governor , 20 subject to confirmation by the senate . 21 Sec. 19. Section 216B.2, Code 2021, is amended to read as 22 follows: 23 216B.2 Commission created. 24 1. The commission for the blind is established consisting 25 of three members appointed by the governor , subject to 26 confirmation by the senate . Members of the commission shall 27 serve three-year terms beginning and ending as provided in 28 section 69.19 . The commission shall adopt rules concerning 29 programs and services for blind persons provided under this 30 chapter . 31 2. Commission members shall be reimbursed for actual 32 expenses incurred in performance of their duties. Members may 33 also be eligible to receive compensation as provided in section 34 7E.6 . The members of the commission shall appoint officers for 35 -5- LSB 1586XC (5) 89 ss/rn 5/ 12
S.F. _____ the commission. A majority of the members of the commission 1 shall constitute a quorum. 2 Sec. 20. Section 217.2, subsection 1, paragraph a, Code 3 2021, is amended to read as follows: 4 a. There is created within the department of human services 5 a council on human services which shall act in a policymaking 6 and advisory capacity on matters within the jurisdiction of 7 the department. The council shall consist of seven voting 8 members appointed by the governor subject to confirmation 9 by the senate . Appointments shall be made on the basis of 10 interest in public affairs, good judgment, and knowledge and 11 ability in the field of human services. Appointments shall 12 be made to provide a diversity of interest and point of view 13 in the membership and without regard to religious opinions or 14 affiliations. The voting members of the council shall serve 15 for six-year staggered terms. 16 Sec. 21. Section 225C.5, subsection 1, unnumbered paragraph 17 1, Code 2021, is amended to read as follows: 18 A mental health and disability services commission is 19 created as the state policy-making body for the provision 20 of services to persons with mental illness, an intellectual 21 disability, other developmental disabilities, or brain 22 injury. The commission’s voting members shall be appointed 23 to three-year staggered terms by the governor and are subject 24 to confirmation by the senate . Commission members shall be 25 appointed on the basis of interest and experience in the fields 26 of mental health, intellectual disability, other developmental 27 disabilities, and brain injury, in a manner so as to ensure 28 adequate representation from persons with disabilities and 29 individuals knowledgeable concerning disability services. The 30 department shall provide staff support to the commission, and 31 the commission may utilize staff support and other assistance 32 provided to the commission by other persons. The commission 33 shall meet at least four times per year. The membership of the 34 commission shall consist of the following persons who, at the 35 -6- LSB 1586XC (5) 89 ss/rn 6/ 12
S.F. _____ time of appointment to the commission, are active members of 1 the indicated groups: 2 Sec. 22. Section 225C.51, subsection 2, Code 2021, is 3 amended to read as follows: 4 2. Members appointed by the governor shall serve four-year 5 staggered terms and are subject to confirmation by the senate . 6 The four-year terms shall begin and end as provided in section 7 69.19 . Vacancies on the state board shall be filled as 8 provided in section 2.32 . A member shall not be appointed for 9 more than two consecutive four-year terms. 10 Sec. 23. Section 231.11, Code 2021, is amended to read as 11 follows: 12 231.11 Commission established. 13 The commission on aging is established which shall consist 14 of eleven members. One member each shall be appointed by the 15 president of the senate, after consultation with the majority 16 leader of the senate, and by the minority leader of the 17 senate, from the members of the senate to serve as ex officio, 18 nonvoting members. One member each shall be appointed by the 19 speaker of the house of representatives and by the minority 20 leader of the house of representatives, from the members of 21 the house of representatives to serve as ex officio, nonvoting 22 members. Seven members shall be appointed by the governor 23 subject to confirmation by the senate . Not more than a simple 24 majority of the governor’s appointees shall belong to the same 25 political party. At least four of the seven members appointed 26 by the governor shall be fifty-five years of age or older when 27 appointed. 28 Sec. 24. Section 237.16, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. The child advocacy board is created within the department 31 of inspections and appeals. The state board consists of nine 32 members appointed by the governor , subject to confirmation 33 by the senate and directly responsible to the governor. One 34 member shall be an active court appointed special advocate 35 -7- LSB 1586XC (5) 89 ss/rn 7/ 12
S.F. _____ volunteer, one member shall be an active member of a local 1 citizen foster care review board, and one member shall be a 2 judicial branch employee or judicial officer appointed from 3 nominees submitted by the judicial branch. The appointment is 4 for a term of four years that begins and ends as provided in 5 section 69.19 . Vacancies on the state board shall be filled in 6 the same manner as original appointments are made. 7 Sec. 25. Section 256.35A, subsection 2, paragraph a, 8 unnumbered paragraph 1, Code 2021, is amended to read as 9 follows: 10 The council shall consist of thirteen voting members 11 appointed by the governor and confirmed by the senate . The 12 majority of the voting members shall be individuals with autism 13 or members of their families. Additionally, each of the 14 following shall be represented among the voting members: 15 Sec. 26. Section 256I.3, subsection 2, paragraph a, Code 16 2021, is amended to read as follows: 17 a. The board shall consist of twenty-one voting members 18 with fifteen citizen members and six state agency members. 19 The six state agency members shall be the directors or their 20 designees of the following agencies: economic development 21 authority, education, human rights, human services, public 22 health, and workforce development. The designees of state 23 agency directors shall be selected on an annual basis. The 24 citizen members shall be appointed by the governor , subject to 25 confirmation by the senate . The governor’s appointments of 26 citizen members shall be made in a manner so that each of the 27 state’s congressional districts is represented by at least two 28 citizen members and so that all the appointments as a whole 29 reflect the ethnic, cultural, social, and economic diversity of 30 the state. A member of the state board shall not be a provider 31 of services or other entity receiving funding through the early 32 childhood Iowa initiative or be employed by such a provider or 33 other entity. 34 Sec. 27. Section 257.30, subsection 1, Code 2021, is amended 35 -8- LSB 1586XC (5) 89 ss/rn 8/ 12
S.F. _____ to read as follows: 1 1. A school budget review committee is established in 2 the department of education and consists of the director 3 of the department of education in an ex officio, nonvoting 4 capacity, the director of the department of management, and 5 four members who are knowledgeable in the areas of Iowa school 6 finance or public finance issues appointed by the governor 7 to represent the public. At least one of the public members 8 shall possess a master’s or doctoral degree in which areas 9 of school finance, economics, or statistics are an integral 10 component, or shall have equivalent experience in an executive 11 administrative or senior research position in the education 12 or public administration field. The members appointed by the 13 governor shall serve staggered three-year terms beginning 14 and ending as provided in section 69.19 and are subject to 15 senate confirmation as provided in section 2.32 . The committee 16 shall meet and hold hearings each year and shall continue in 17 session until it has reviewed budgets of school districts, as 18 provided in section 257.31 . The committee may call in school 19 board members and employees as necessary for the hearings. 20 The committee’s scheduled hearing agendas and the minutes of 21 such hearings shall be posted on the department of education’s 22 internet site. Legislators shall be notified of hearings 23 concerning school districts in their legislative districts. 24 Sec. 28. Section 333A.2, subsection 1, paragraphs b and c, 25 Code 2021, are amended to read as follows: 26 b. Five elected county officials who are regularly involved 27 in budget preparation. One county official shall be from 28 a county with a population of less than eleven thousand 29 five hundred, one from a county with a population of more 30 than eleven thousand five hundred but not more than sixteen 31 thousand, one from a county with a population of more than 32 sixteen thousand but not more than twenty-two thousand five 33 hundred, one from a county with a population of more than 34 twenty-two thousand five hundred but not more than eighty 35 -9- LSB 1586XC (5) 89 ss/rn 9/ 12
S.F. _____ thousand and one from a county with a population of more than 1 eighty thousand. The governor shall select and appoint the 2 county officials , subject to the approval of two-thirds of the 3 members of the senate . 4 c. A certified public accountant experienced in governmental 5 accounting selected and appointed by the governor with the 6 approval of two-thirds of the members of the senate . 7 Sec. 29. Section 368.9, subsection 1, Code 2021, is amended 8 to read as follows: 9 1. A city development board is created. The economic 10 development authority shall provide office space and staff 11 assistance, and shall budget funds to cover expenses of the 12 board and committees. The board consists of five members 13 appointed by the governor subject to confirmation by the 14 senate . The appointments must be for four-year staggered terms 15 beginning and ending as provided by section 69.19 , or to fill 16 an unexpired term in case of a vacancy. Members are eligible 17 for reappointment. 18 Sec. 30. Section 514I.5, subsection 1, paragraph d, Code 19 2021, is amended to read as follows: 20 d. Four public members appointed by the governor and 21 subject to confirmation by the senate . The public members 22 shall be members of the general public who have experience, 23 knowledge, or expertise in the subject matter embraced within 24 this chapter . 25 Sec. 31. Section 602.2102, subsection 1, Code 2021, is 26 amended to read as follows: 27 1. A seven-member “Commission on Judicial Qualifications” 28 is established. The commission consists of one district judge 29 and two members who are practicing attorneys in Iowa and who 30 do not belong to the same political party, to be appointed 31 by the chief justice; and four electors of the state who are 32 not attorneys, no more than two of whom belong to the same 33 political party, to be appointed by the governor , subject to 34 confirmation by the senate . The commission members shall serve 35 -10- LSB 1586XC (5) 89 ss/rn 10/ 12
S.F. _____ for six-year terms, are ineligible for a second term, and 1 except for the judicial member shall not hold any other office 2 of and shall not be employed by the United States or the state 3 of Iowa or its political subdivisions. Members appointed by 4 the chief justice shall serve terms beginning January 1 of the 5 year for which the appointments are made and members appointed 6 by the governor shall serve staggered terms beginning and 7 ending as provided by section 69.19 . Vacancies shall be filled 8 by appointment by the chief justice or governor as provided in 9 this subsection , for the unexpired portion of the term. 10 Sec. 32. Section 904.104, Code 2021, is amended to read as 11 follows: 12 904.104 Board created. 13 A board of corrections is created within the department. The 14 board shall consist of seven members appointed by the governor 15 subject to confirmation by the senate . Not more than four of 16 the members shall be from the same political party. Members 17 shall be electors of this state. Members of the board shall 18 serve four-year staggered terms. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the confirmation of certain persons 23 appointed to fill vacancies by the governor or an appointing 24 authority other than the governor. The bill allows a member of 25 the senate to request that an appointee who is not otherwise 26 subject to confirmation by the senate by law be subject to 27 such confirmation. The request shall be signed by at least 28 26 senators and submitted to the secretary of the senate and 29 the governor or appointing authority within 60 days of the 30 appointment. The request shall also include the reason why 31 confirmation is sought and shall be printed in the journal 32 of the senate. The appointee shall be considered to be a 33 nominee to fill a vacancy occurring on the date the request is 34 submitted. 35 -11- LSB 1586XC (5) 89 ss/rn 11/ 12
S.F. _____ The bill removes provisions for mandatory senate 1 confirmation of appointees to several boards and commissions. 2 Such appointees would be subject to confirmation at the request 3 of a member of the senate pursuant to the bill. 4 -12- LSB 1586XC (5) 89 ss/rn 12/ 12