House File 845 - Reprinted



                                       HOUSE FILE       
                                       BY  GIPP and MURPHY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to appointments by members of the general
  2    assembly to statutory boards, commissions, councils, and
  3    committees, abolishing certain related entities, and including
  4    effective date and applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 3556HH 81
  7 rj/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  2.32A  APPOINTMENTS BY MEMBERS OF
  1  2 THE GENERAL ASSEMBLY TO STATUTORY BOARDS, COMMISSIONS,
  1  3 COUNCILS, AND COMMITTEES.
  1  4    1.  A member of the general assembly who is charged with
  1  5 making an appointment to a statutory board, commission,
  1  6 council, or committee shall make the appointment in accordance
  1  7 with section 69.16B.  If multiple appointing members are
  1  8 charged with making appointments of public members to the same
  1  9 board, commission, council, or committee, including as
  1 10 provided in sections 333A.2 and 455A.8, the appointing members
  1 11 shall consult with one another in making the appointments.
  1 12    2.  Each appointing member shall inform each appointee and
  1 13 each affected board, commission, council, or committee of the
  1 14 appointment and of the term of the appointment.
  1 15    3.  Each appointing member shall also inform the secretary
  1 16 of the senate and the chief clerk of the house, as
  1 17 appropriate, and the director of the legislative services
  1 18 agency of the appointment.  The legislative services agency
  1 19 shall maintain an up=to=date listing of all appointments made
  1 20 or to be made by members of the general assembly.
  1 21    Sec. 2.  Section 2.45, subsection 5, Code 2005, is amended
  1 22 by striking the subsection.
  1 23    Sec. 3.  Section 2A.4, Code 2005, is amended by adding the
  1 24 following new subsection:
  1 25    NEW SUBSECTION.  12.  Maintenance of an up=to=date listing
  1 26 of all appointments made or to be made by members of the
  1 27 general assembly as required by section 2.32A and in
  1 28 accordance with section 69.16B.  The legislative services
  1 29 agency may post on the general assembly's internet website
  1 30 information regarding the organization and activities of
  1 31 boards, commissions, councils, and committees to which members
  1 32 of the general assembly make appointments.
  1 33    Sec. 4.  Section 2D.3, Code 2005, is amended to read as
  1 34 follows:
  1 35    2D.3  LEGISLATIVE BRANCH PROTOCOL OFFICER.
  2  1    The legislative services agency shall employ a legislative
  2  2 branch protocol officer to coordinate activities related to
  2  3 state, national, and international visitors to the state
  2  4 capitol or with an interest in the general assembly, and
  2  5 related to travel of members of the general assembly abroad.
  2  6 The protocol officer shall serve in a consultative capacity
  2  7 and shall provide staff support to the international relations
  2  8 advisory council.  The protocol officer shall also work with
  2  9 the executive branch protocol officer to coordinate state,
  2 10 national, and international relations activities.  The
  2 11 legislative branch protocol officer shall submit periodic
  2 12 reports to the international relations committee of the
  2 13 legislative council regarding the visits of state, national,
  2 14 and international visitors and regarding international
  2 15 activities.
  2 16    Sec. 5.  Section 2D.4, Code 2005, is amended to read as
  2 17 follows:
  2 18    2D.4  EXECUTIVE BRANCH PROTOCOL OFFICER.
  2 19    The lieutenant governor, or the lieutenant governor's
  2 20 designee, shall be the executive branch protocol officer.  The
  2 21 protocol officer shall serve in a consultative capacity to the
  2 22 international relations advisory council.  The protocol
  2 23 officer shall work with the international relations committee
  2 24 of the legislative council and the legislative branch protocol
  2 25 officer in developing and implementing protocol for state,
  2 26 national, and international visitors to the state capitol and
  2 27 in improving coordination between the legislative and
  2 28 executive branches in international relations activities.
  2 29    Sec. 6.  Section 7E.7, subsection 1, Code 2005, is amended
  2 30 to read as follows:
  2 31    1.  The Iowa finance authority and the Iowa economic
  2 32 protective and investment authority shall be considered parts
  2 33 part of the Iowa department of economic development.  The Iowa
  2 34 department of economic development may provide staff
  2 35 assistance and administrative support to the authorities
  3  1 authority.
  3  2    Sec. 7.  Section 8A.204, subsection 1, paragraph a, Code
  3  3 2005, is amended to read as follows:
  3  4    a.  The information technology council is composed of
  3  5 fourteen ten members including the following:
  3  6    (1)  The chairperson of the IowAccess advisory council
  3  7 established in section 8A.221, or the chairperson's designee.
  3  8    (2)  Two executive branch department heads appointed by the
  3  9 governor.
  3 10    (3)  Six persons appointed by the governor who are
  3 11 knowledgeable in information technology matters.
  3 12    (4)  One person representing the judicial branch appointed
  3 13 by the chief justice of the supreme court who shall serve in
  3 14 an ex officio, nonvoting capacity.
  3 15    (5)  Four members of the general assembly with not more
  3 16 than one member from each house being from the same political
  3 17 party.  The two senators shall be designated by the president
  3 18 of the senate after consultation with the majority and
  3 19 minority leaders of the senate.  The two representatives shall
  3 20 be designated by the speaker of the house of representatives
  3 21 after consultation with the majority and minority leaders of
  3 22 the house of representatives.  Legislative members shall serve
  3 23 in an ex officio, nonvoting capacity.  A legislative member is
  3 24 eligible for per diem and expenses as provided in section
  3 25 2.10.
  3 26    The information technology council shall allow
  3 27 representatives of the senate, house of representatives,
  3 28 legislative services agency, and office of citizens' aide to
  3 29 provide information to and seek information from the council.
  3 30    Sec. 8.  Section 8A.221, subsection 3, paragraph a, Code
  3 31 2005, is amended to read as follows:
  3 32    a.  The advisory council shall be composed of nineteen
  3 33 fourteen members including the following:
  3 34    (1)  Five persons appointed by the governor representing
  3 35 the primary customers of IowAccess.
  4  1    (2)  Six Five persons representing lawful custodians as
  4  2 follows:
  4  3    (a)  One person representing the legislative branch, who
  4  4 shall not be a member of the general assembly, to be appointed
  4  5 jointly by the president of the senate, after consultation
  4  6 with the majority and minority leaders of the senate, and by
  4  7 the speaker of the house of representatives, after
  4  8 consultation with the majority and minority leaders of the
  4  9 house of representatives.
  4 10    (b)  (a)  One person representing the judicial branch as
  4 11 designated by the chief justice of the supreme court.
  4 12    (c)  (b)  One person representing the executive branch as
  4 13 designated by the governor.
  4 14    (d)  (c)  One person to be appointed by the governor
  4 15 representing cities who shall be actively engaged in the
  4 16 administration of a city.
  4 17    (e)  (d)  One person to be appointed by the governor
  4 18 representing counties who shall be actively engaged in the
  4 19 administration of a county.
  4 20    (f)  (e)  One person to be appointed by the governor
  4 21 representing the federal government.
  4 22    (3)  Four members to be appointed by the governor
  4 23 representing a cross section of the citizens of the state.
  4 24    (4)  Four members of the general assembly, two from the
  4 25 senate and two from the house of representatives, with not
  4 26 more than one member from each chamber being from the same
  4 27 political party.  The two senators shall be designated by the
  4 28 president of the senate after consultation with the majority
  4 29 and minority leaders of the senate.  The two representatives
  4 30 shall be designated by the speaker of the house of
  4 31 representatives after consultation with the majority and
  4 32 minority leaders of the house of representatives.  Legislative
  4 33 members shall serve in an ex officio, nonvoting capacity.  A
  4 34 legislative member is eligible for per diem and expenses as
  4 35 provided in section 2.10.
  5  1    The advisory council shall allow representatives of the
  5  2 senate, house of representatives, legislative services agency,
  5  3 and office of citizens' aide to provide information to and
  5  4 seek information from the advisory council.
  5  5    Sec. 9.  Section 12.28, subsection 1, paragraph b, Code
  5  6 2005, is amended to read as follows:
  5  7    b.  "State agency" means a board, commission, bureau,
  5  8 division, office, department, or branch of state government.
  5  9 However, state agency does not mean the state board of
  5 10 regents, institutions governed by the board of regents, or
  5 11 authorities created under chapter 16, 16A, 175, 257C, 261A, or
  5 12 327I.
  5 13    Sec. 10.  Section 12.30, subsection 1, paragraph a, Code
  5 14 2005, is amended to read as follows:
  5 15    a.  "Authority" means a department, or public or quasi=
  5 16 public instrumentality of the state including, but not limited
  5 17 to, the authority created under chapter 12E, 16, 16A, 175,
  5 18 257C, 261A, or 327I, which has the power to issue obligations,
  5 19 except that "authority" does not include the state board of
  5 20 regents or the Iowa finance authority to the extent it acts
  5 21 pursuant to chapter 260C.
  5 22    Sec. 11.  Section 13B.2A, Code 2005, is amended to read as
  5 23 follows:
  5 24    13B.2A  INDIGENT DEFENSE ADVISORY COMMISSION.
  5 25    An indigent defense advisory commission is established
  5 26 within the department to advise and make recommendations to
  5 27 the legislature and the state public defender regarding the
  5 28 hourly rates paid to court=appointed counsel and per case fee
  5 29 limitations.  These recommendations shall be consistent with
  5 30 the constitutional requirement to provide effective assistance
  5 31 of counsel to those indigent persons for whom the state is
  5 32 required to provide counsel.
  5 33    The advisory commission shall consist of five seven
  5 34 members.  The governor shall appoint three members, including
  5 35 one member from nominations by the Iowa state bar association
  6  1 and one member from nominations by the supreme court.  Two
  6  2 Four members, one two from each chamber of the general
  6  3 assembly, shall be appointed, with no more than one appointed
  6  4 from the same political party from each chamber.  Each member
  6  5 shall serve a three=year term, with initial terms to be
  6  6 staggered, except that legislative members shall serve for
  6  7 terms as provided in section 69.16B.  No more than three
  6  8 members shall be licensed to practice law in Iowa.  The state
  6  9 public defender shall serve as an ex officio member of the
  6 10 commission and shall serve as the nonvoting chair of the
  6 11 commission.
  6 12    The members of the commission are entitled to receive
  6 13 reimbursement for actual expenses incurred as provided for in
  6 14 section 7E.6, subsection 2, while engaged in the performance
  6 15 of the duties of the commission.  A legislative member is
  6 16 eligible for per diem and expenses as provided in section
  6 17 2.10.
  6 18    The advisory commission shall file a written report every
  6 19 three years with the governor and the general assembly by
  6 20 January 1 of a year in which a report is due regarding the
  6 21 recommendations and activities of the commission.  The first
  6 22 such report shall be due on January 1, 2003.
  6 23    Sec. 12.  Section 15E.63, subsection 2, Code 2005, is
  6 24 amended to read as follows:
  6 25    2.  The board shall consist of five voting members and two
  6 26 four nonvoting advisory members.  The five voting members
  6 27 shall be appointed by the governor and confirmed by the senate
  6 28 pursuant to section 2.32.  The five voting members shall be
  6 29 appointed to five=year staggered terms that shall be
  6 30 structured to allow the term of one member to expire each
  6 31 year.  One nonvoting member shall be appointed by the majority
  6 32 leader of the senate after consultation with the president of
  6 33 the senate and the minority leader of the senate and one
  6 34 nonvoting member shall be appointed by the minority leader of
  6 35 the senate after consultation with the president and the
  7  1 majority leader of the senate.  One Two nonvoting member
  7  2 members shall be appointed by the speaker of the house of
  7  3 representatives after consultation with the majority and
  7  4 minority leaders of the house of representatives.  The
  7  5 nonvoting members shall be appointed for two=year serve terms
  7  6 which shall expire upon the convening of a new general
  7  7 assembly as provided in section 69.16B.  Vacancies shall be
  7  8 filled in the same manner as the appointment of the original
  7  9 members.  Members shall be compensated by the board for direct
  7 10 expenses and mileage but members shall not receive a
  7 11 director's fee, per diem, or salary for service on the board.
  7 12 Members shall be selected based upon demonstrated expertise
  7 13 and competence in the supervision of investment managers, in
  7 14 the fiduciary management of investment funds, or in the
  7 15 management and administration of tax credit allocation
  7 16 programs.  Members shall not have an interest in any person to
  7 17 whom a tax credit is allocated and issued by the board.
  7 18    Sec. 13.  Section 17A.8, subsection 2, Code 2005, is
  7 19 amended to read as follows:
  7 20    2.  A committee member shall be appointed prior to the
  7 21 adjournment convening of a the first regular session convened
  7 22 in an odd=numbered year of each general assembly.  The term of
  7 23 office shall be for four years as provided in section 69.16B
  7 24 beginning May 1 of the year of appointment upon the convening
  7 25 of the first regular session of each general assembly.
  7 26 However, a member shall serve until a successor is appointed.
  7 27 A vacancy on the committee shall be filled by the original
  7 28 appointing authority for the remainder of the term.  A vacancy
  7 29 shall exist whenever a committee member ceases to be a member
  7 30 of the house from which the member was appointed.
  7 31    Sec. 14.  Section 18A.2, subsections 2 and 3, Code 2005,
  7 32 are amended to read as follows:
  7 33    2.  The legislative members of the commission shall be
  7 34 appointed to four=year terms of office, two of which shall
  7 35 expire every two years as provided in section 69.16B, unless
  8  1 sooner terminated by a commission member ceasing to be a
  8  2 member of the general assembly.  Vacancies shall be filled by
  8  3 appointment of the speaker of the house or the president of
  8  4 the senate, after consultation with the majority leader and
  8  5 the minority leader of the senate, as the case may be, for the
  8  6 unexpired term of their predecessors.
  8  7    3.  The term of office of each appointive voting member of
  8  8 the commission shall begin on the first of May of the odd=
  8  9 numbered year in which the member is appointed.
  8 10    Sec. 15.  Section 28.3, subsection 4, Code 2005, is amended
  8 11 to read as follows:
  8 12    4.  In addition to the voting members, the Iowa board shall
  8 13 include six four members of the general assembly with not more
  8 14 than two members one member from each chamber being from the
  8 15 same political party.  The three two senators shall be
  8 16 appointed by the majority leader of the senate after
  8 17 consultation with the president of the senate and the minority
  8 18 leader of the senate.  The three two representatives shall be
  8 19 appointed by the speaker of the house of representatives after
  8 20 consultation with the majority and minority leaders of the
  8 21 house of representatives.  Legislative members shall serve in
  8 22 an ex officio, nonvoting capacity.  A legislative member is
  8 23 eligible for per diem and expenses as provided in section
  8 24 2.10.
  8 25    Sec. 16.  NEW SECTION.  69.16B  APPOINTMENTS BY MEMBERS OF
  8 26 GENERAL ASSEMBLY TO STATUTORY BOARDS, COMMISSIONS, COUNCILS,
  8 27 AND COMMITTEES == TERMS.
  8 28    Unless otherwise specifically provided by law, an
  8 29 appointment to a statutory board, commission, council, or
  8 30 committee made by a member or members of the general assembly
  8 31 pursuant to section 2.32A shall be at the pleasure of the
  8 32 appointing member but in no event for longer than a two=year
  8 33 term which shall expire upon the convening of the following
  8 34 general assembly, or when the appointee's successor is
  8 35 appointed, whichever occurs later.  Unless otherwise provided,
  9  1 a vacancy exists if a member of the general assembly serving
  9  2 on a statutory board, commission, council, or committee ceases
  9  3 to be a member of the general assembly.  A vacancy shall be
  9  4 filled for the unexpired portion of the term in the same
  9  5 manner as the original appointment.
  9  6    Sec. 17.  Section 80B.6, unnumbered paragraph 2, Code 2005,
  9  7 is amended to read as follows:
  9  8    One senator appointed by the president of the senate after
  9  9 consultation with the majority leader and the minority leader
  9 10 of the senate and one representative, one senator appointed by
  9 11 the minority leader of the senate after consultation with the
  9 12 president and the majority leader of the senate, and two
  9 13 representatives appointed by the speaker of the house after
  9 14 consultation with the majority and minority leaders of the
  9 15 house of representatives are also ex officio, nonvoting
  9 16 members of the council who shall serve terms as provided in
  9 17 section 69.16B.
  9 18    Sec. 18.  Section 216A.53, Code 2005, is amended to read as
  9 19 follows:
  9 20    216A.53  TERM OF OFFICE.
  9 21    Four of the members appointed to the initial commission
  9 22 shall be designated by the governor to serve two=year terms,
  9 23 and five shall be designated by the governor to serve four=
  9 24 year terms.  The legislative members of the commission shall
  9 25 be appointed to four=year terms of office, two of which shall
  9 26 expire every two years as provided in section 69.16B, unless
  9 27 sooner terminated by a commission member ceasing to be a
  9 28 member of the general assembly.  Succeeding appointments of
  9 29 voting members shall be for a term of four years.  Vacancies
  9 30 in the membership shall be filled for the unexpired term in
  9 31 the same manner as the original appointment.
  9 32    Sec. 19.  Section 216A.132, unnumbered paragraph 3, Code
  9 33 2005, is amended to read as follows:
  9 34    The chief justice of the supreme court shall appoint two
  9 35 additional members currently serving as district judges.  Two
 10  1 members of the senate and two members of the house of
 10  2 representatives shall be ex officio members and shall be
 10  3 appointed by the majority and minority leaders of the senate
 10  4 and the speaker and minority leader of the house of
 10  5 representatives pursuant to section 69.16 and shall serve
 10  6 terms as provided in section 69.16B.  Members Nonlegislative
 10  7 members appointed pursuant to this paragraph shall serve for
 10  8 four=year terms beginning and ending as provided in section
 10  9 69.19 unless the member ceases to serve as a district court
 10 10 judge or as a member of the senate or of the house of
 10 11 representatives.
 10 12    Sec. 20.  Section 225C.5, subsection 1, paragraph j, Code
 10 13 2005, is amended to read as follows:
 10 14    j.  In addition to the voting members, the membership shall
 10 15 include four members of the general assembly with one member
 10 16 designated by each of the following:  the majority leader of
 10 17 the senate, the minority leader of the senate, the speaker of
 10 18 the house of representatives, and the minority leader of the
 10 19 house of representatives.  A legislative member serves for a
 10 20 term as provided in section 69.16B in an ex officio, nonvoting
 10 21 capacity and is eligible for per diem and expenses as provided
 10 22 in section 2.10.
 10 23    Sec. 21.  Section 225C.48, subsection 1, Code 2005, is
 10 24 amended to read as follows:
 10 25    1.  An eleven=member personal assistance and family support
 10 26 services council is created in the department.  The members of
 10 27 the council shall be appointed by the following officials as
 10 28 follows: governor, five members; majority leader of the
 10 29 senate, three members; and speaker of the house, three
 10 30 members.  At least three five of the governor's appointments
 10 31 and one of each legislative chamber's appointments shall be a
 10 32 family member of an individual with a disability as defined in
 10 33 section 225C.47.  At least five one of the members shall be
 10 34 consumers a consumer of personal services.  Members shall
 10 35 serve for three=year staggered terms.  A vacancy on the
 11  1 council shall be filled in the same manner as the original
 11  2 appointment.  The members of the council shall be entitled to
 11  3 reimbursement of actual and necessary expenses incurred in the
 11  4 performance of their official duties.  The council shall elect
 11  5 officers from among the council's members.
 11  6    Sec. 22.  Section 231.12, Code 2005, is amended to read as
 11  7 follows:
 11  8    231.12  TERMS.
 11  9    All members of the commission appointed by the governor
 11 10 shall be appointed for terms of four years, with staggered
 11 11 expiration dates.  The terms of office of members appointed by
 11 12 the governor shall commence and end as provided by section
 11 13 69.19.  Members of the commission appointed by the president
 11 14 of the senate and the speaker of the house of representatives
 11 15 shall serve terms of office as provided in section 69.16B.  A
 11 16 vacancy on the commission shall be filled for the unexpired
 11 17 term of the vacancy in the same manner as the original
 11 18 appointment was made.  If a legislative member ceases to be a
 11 19 member of the general assembly the legislative member may
 11 20 continue to serve until a successor is appointed.
 11 21    Sec. 23.  Section 237A.21, subsection 3, paragraph m, Code
 11 22 2005, is amended to read as follows:
 11 23    m.  Two Four legislators appointed in a manner so that both
 11 24 chambers and both major political parties are represented.
 11 25    Sec. 24.  Section 249A.4, subsection 8, unnumbered
 11 26 paragraph 1, Code 2005, is amended to read as follows:
 11 27    Shall advise and consult at least semiannually with a
 11 28 council composed of the presidents of the following
 11 29 organizations, or a president's representative who is a member
 11 30 of the organization represented by the president:  the Iowa
 11 31 medical society, the Iowa osteopathic medical association, the
 11 32 Iowa academy of family physicians, the Iowa chapter of the
 11 33 American academy of pediatrics, the Iowa physical therapy
 11 34 association, the Iowa dental association, the Iowa nurses
 11 35 association, the Iowa pharmacy association, the Iowa podiatric
 12  1 medical society, the Iowa optometric association, the Iowa
 12  2 association of community providers, the Iowa psychological
 12  3 association, the Iowa psychiatric society, the Iowa chapter of
 12  4 the national association of social workers, the Iowa hospital
 12  5 association, the Iowa association of rural health clinics, the
 12  6 opticians' association of Iowa, inc., the Iowa association of
 12  7 hearing health professionals, the Iowa speech and hearing
 12  8 association, the Iowa health care association, the Iowa
 12  9 association for home care, the Iowa council of health care
 12 10 centers, the Iowa physician assistant society, the Iowa
 12 11 association of nurse practitioners, the Iowa occupational
 12 12 therapy association, the Iowa association of homes and
 12 13 services for the aging, the ARC of Iowa which was formerly
 12 14 known as the association for retarded citizens of Iowa, the
 12 15 alliance for the mentally ill of Iowa, Iowa state association
 12 16 of counties, and the governor's developmental disabilities
 12 17 council, together with one person designated by the Iowa
 12 18 chiropractic society; one state representative from each of
 12 19 the two major political parties appointed by the speaker of
 12 20 the house, one state senator from each of the two major
 12 21 political parties appointed by the president of the senate,
 12 22 after consultation with the majority leader and the minority
 12 23 leader of the senate, each for a term of two years as provided
 12 24 in section 69.16B; four public representatives, appointed by
 12 25 the governor for staggered terms of two years each, none of
 12 26 whom shall be members of, or practitioners of, or have a
 12 27 pecuniary interest in any of the professions or businesses
 12 28 represented by any of the several professional groups and
 12 29 associations specifically represented on the council under
 12 30 this subsection, and at least one of whom shall be a recipient
 12 31 of medical assistance; the director of public health, or a
 12 32 representative designated by the director; the dean of Des
 12 33 Moines university == osteopathic medical center, or a
 12 34 representative designated by the dean; and the dean of the
 12 35 university of Iowa college of medicine, or a representative
 13  1 designated by the dean.
 13  2    Sec. 25.  Section 252B.18, subsection 1, paragraph b, Code
 13  3 2005, is amended to read as follows:
 13  4    b.  The legislative members of the committee shall be
 13  5 appointed by the majority leader of the senate, after
 13  6 consultation with the president of the senate, and the
 13  7 minority leader of the senate, and by the speaker of the house
 13  8 of representatives, after consultation with the majority
 13  9 leader and the minority leader of the house of
 13 10 representatives.  Members Nonlegislative members shall serve
 13 11 staggered terms of two years.  Appointments shall comply with
 13 12 sections 69.16 and 69.16A.  Vacancies shall be filled by the
 13 13 original appointing authority and in the manner of the
 13 14 original appointments.
 13 15    Sec. 26.  Section 256.32, subsections 2 and 4, Code 2005,
 13 16 are amended to read as follows:
 13 17    2.  The council may also include as ex officio members the
 13 18 following persons, as determined by the voting members of the
 13 19 council:
 13 20    a.  The state future farmers of America president.
 13 21    b.  The current state future farmers of America alumni
 13 22 association president.
 13 23    c.  The current postsecondary agriculture students
 13 24 president.
 13 25    d.  The current young farmers educational association
 13 26 president.
 13 27    e.  A state consultant in agricultural education.
 13 28    f.  The secretary of agriculture or the secretary's
 13 29 designee.
 13 30    g.  A member Two members of each house of the general
 13 31 assembly.  This membership shall be bipartisan in composition
 13 32 and one member each shall be selected by the president of the
 13 33 senate, after consultation with the majority leader and the
 13 34 minority leader of the senate, and by the minority leader of
 13 35 the senate, after consultation with the president and the
 14  1 majority leader of the senate, and two members shall be
 14  2 selected by the speaker of the house of representatives, after
 14  3 consultation with the majority and minority leaders of the
 14  4 house of representatives.
 14  5    4.  The term of membership is three years.  The terms shall
 14  6 be staggered so that three of the terms end each year, but no
 14  7 member serving on the initial council shall serve less than
 14  8 one year.  The governor shall determine the length of the
 14  9 initial terms of office.  However, the terms of office for
 14 10 members of the general assembly shall be as provided in
 14 11 section 69.16B.
 14 12    Sec. 27.  Section 261.1, subsections 3 and 4, Code 2005,
 14 13 are amended to read as follows:
 14 14    3.  A member Two members of the senate, one to be appointed
 14 15 by the president of the senate, after consultation with the
 14 16 majority leader and the minority leader of the senate, and one
 14 17 to be appointed by the minority leader of the senate, after
 14 18 consultation with the president and majority leader of the
 14 19 senate, to serve as an ex officio nonvoting member members for
 14 20 a term of four years beginning on July 1 of the year of
 14 21 appointment terms as provided in section 69.16B.
 14 22    4.  A member Two members of the house of representatives to
 14 23 be appointed by the speaker of the house of representatives,
 14 24 after consultation with the majority and minority leaders of
 14 25 the house of representatives to serve as an ex officio
 14 26 nonvoting member members for a term of four years beginning on
 14 27 July 1 of the year of appointment terms as provided in section
 14 28 69.16B.
 14 29    Sec. 28.  Section 272B.2, Code 2005, is amended to read as
 14 30 follows:
 14 31    272B.2  EDUCATION COMMISSION OF THE STATES.
 14 32    Article III, paragraph 1, of the compact notwithstanding,
 14 33 the members of the education commission of the states
 14 34 representing this state consist of the governor, two
 14 35 nonlegislative members appointed by the governor, two members
 15  1 of the senate appointed by the majority leader of the senate,
 15  2 and two members of the house of representatives appointed by
 15  3 the speaker of the house of representatives.  The
 15  4 Nonlegislative members shall serve four=year terms and
 15  5 legislative members shall serve terms as provided in section
 15  6 69.16B.  Nonlegislative members shall serve on the education
 15  7 commission of the states without compensation, but shall
 15  8 receive their actual and necessary expenses and travel.
 15  9 Legislative members shall receive actual and necessary
 15 10 expenses and travel pursuant to sections 2.10 and 2.12.
 15 11 Vacancies on the commission shall be filled for the unexpired
 15 12 portion of the term in the same manner as the original
 15 13 appointments.  If a member ceases to be a member of the
 15 14 general assembly, the member shall no longer serve as a member
 15 15 of the education commission of the states.
 15 16    Sec. 29.  Section 333A.2, subsection 1, paragraph d, Code
 15 17 2005, is amended to read as follows:
 15 18    d.  An operations research analyst experienced in cost
 15 19 effectiveness analysis of county services appointed jointly
 15 20 by, and to serve at the pleasure of, the legislative council
 15 21 the majority and minority leaders of the senate and the
 15 22 speaker of the house of representatives, after consultation by
 15 23 the speaker with the minority leader of the house of
 15 24 representatives.
 15 25    Sec. 30.  Section 384.13, unnumbered paragraph 1, Code
 15 26 2005, is amended to read as follows:
 15 27    As used in this division, unless the context otherwise
 15 28 requires, "committee" means the city finance committee and
 15 29 "director" means the director of the department of management.
 15 30 A nine=member An eight=member city finance committee is
 15 31 created.  Members of the committee are:
 15 32    Sec. 31.  Section 384.13, subsection 5, Code 2005, is
 15 33 amended by striking the subsection.
 15 34    Sec. 32.  Section 455A.8, subsection 1, Code 2005, is
 15 35 amended to read as follows:
 16  1    1.  The Brushy creek recreation trails advisory board shall
 16  2 be organized within the department and shall be composed of
 16  3 ten members including the following:  the director of the
 16  4 department or the director's designee who shall serve as a
 16  5 nonvoting ex officio member, the park ranger responsible for
 16  6 the Brushy creek recreation area, a member of the state
 16  7 advisory board for preserves established under chapter 465C, a
 16  8 person appointed by the governor, and six persons appointed by
 16  9 the legislative council two persons appointed by the majority
 16 10 leader of the senate, one person appointed by the minority
 16 11 leader of the senate, and three persons appointed by the
 16 12 speaker of the house of representatives after consultation
 16 13 with the majority and minority leaders of the house of
 16 14 representatives.  Each person appointed by the governor or
 16 15 legislative council by a member of the general assembly must
 16 16 actively participate in recreational trail activities such as
 16 17 hiking, an equestrian sport, or a winter sport at the Brushy
 16 18 creek recreation area.  The voting members shall elect a
 16 19 chairperson at the board's first meeting each year.
 16 20    Sec. 33.  Section 514E.2, subsection 2, paragraph f, Code
 16 21 2005, is amended to read as follows:
 16 22    f.  Two Four members of the general assembly, one two of
 16 23 whom shall be appointed by the speaker of the house and of
 16 24 representatives, after consultation with the majority and
 16 25 minority leaders of the house of representatives, one of whom
 16 26 shall be appointed by the president of the senate, after
 16 27 consultation with the majority leader and the minority leader
 16 28 of the senate, and one of whom shall be appointed by the
 16 29 minority leader of the senate, after consultation with the
 16 30 president and majority leader of the senate, who shall be ex
 16 31 officio, nonvoting members.
 16 32    Sec. 34.  Chapter 16A, Code 2005, is repealed.
 16 33    Sec. 35.  Sections 2.35, 2.36, 2D.1, 331.440A, and
 16 34 602.1514, Code 2005, are repealed.
 16 35    Sec. 36.  EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
 17  1 This Act, being deemed of immediate importance, takes effect
 17  2 upon enactment, except that the section of this Act amending
 17  3 section 28.3 takes effect January 8, 2007.  This Act applies
 17  4 to both current and future appointees named by a member or
 17  5 members of the general assembly.
 17  6 HF 845
 17  7 rj:nh/es/25