HF 264 (LSB 2316YH (2) 91)

HOUSE FILE 264

BY  JACOBY

A BILL FOR

An Act providing for temporary abrogation of authority of the state board of regents over regents institutions based on the amount of appropriations to the institutions from the general fund of the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  262.29  Annual board review of general fund appropriations to institutions —— abrogation of board authority.
   1.  For purposes of this section:
   a.  “Authority” includes but is not limited to authority, whether express or implied, over management, budgets, spending of funds, programs and curriculum, employment matters, public relations and communication, legal or contractual matters, sale of goods or property, or infrastructure.
   b.  “Institution” means an institution specified in section 262.7, subsections 1 through 3.
   2.  No later than August 1 of each fiscal year, the state board of regents shall complete a review of the amount of funds appropriated from the general fund of the state to the three institutions for the fiscal year. As part of the review, the board shall determine if the total amount of such funds equals or exceeds fifty-two percent of the combined projected operating costs of the institutions for the fiscal year. The board shall publish the results of the review and the board’s determination on the board’s internet site and provide the results and determination in writing to the president of each institution no later than August 1 of each fiscal year.
   3.  a.  If the board determines that the total amount of funds appropriated from the general fund of the state to the three institutions for the fiscal year is less than fifty-two percent of the combined projected operating costs of the institutions for the fiscal year, the provisions of paragraph “b” shall apply for the fiscal year.
   b.  Notwithstanding any provision of law to the contrary, upon publication of the results of the review and the board’s determination as required by subsection 2, all authority provided by law or policy to the board over the three institutions in any respect is fully abrogated for the remainder of the fiscal year. Such authority with respect to each institution shall instead be exercised by that institution as though any applicable law or policy provided such authority directly to the institution. The board shall reassume all such authority on July 1 of the next fiscal year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the state board of regents to complete a review of the amount of funds appropriated from the general fund of the state to the university of Iowa, Iowa state university, and the university of northern Iowa for each fiscal year no later than August 1 of that year. The bill requires the board to determine, as part of the review, if the total amount of such funds equals or exceeds 52 percent of the combined projected operating costs of the institutions for the fiscal year. The bill requires the board to publish the results of the review and the board’s determination on the board’s internet site and provide the results and determination in writing to the president of each institution no later than August 1 of each fiscal year.
   If the board determines that the total amount of funds appropriated from the general fund of the state to the institutions for the fiscal year is less than 52 percent of the combined projected operating costs of the institutions for the fiscal year, the bill provides that upon publication of the results of the review and the board’s determination, all authority provided by law or policy to the board over the institutions in any respect is fully abrogated for the remainder of the fiscal year, notwithstanding any provision of law to the contrary. Such authority with respect to each institution shall instead be exercised by that institution as though any applicable law or policy provided such authority directly to the institution. The board shall reassume all such authority on July 1 of the next fiscal year.