Senate File 2284 - Reprinted SENATE FILE 2284 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3132) (As Amended and Passed by the Senate February 27, 2020 ) A BILL FOR An Act relating to matters involving the state board of regents 1 and the institutions the state board of regents governs, and 2 including retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2284 (2) 88 kh/jh/mb
S.F. 2284 Section 1. Section 8.44, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. a. Upon receiving federal funds or any other funds from 3 any public or private sources except gifts or donations made 4 to institutions for the personal use or for the benefit of 5 members, patients, or inmates and receipts from the gift shop 6 of merchandise manufactured by members, patients, or inmates, 7 the state departments, agencies, boards, and institutions 8 receiving such funds shall submit a written report within 9 thirty days after receipt of the funds to the director of the 10 department of management. The report shall state the source of 11 the funds that supplement or replace state appropriations for 12 institutional operations, the amount received, and the terms 13 under which the funds are received. 14 b. Notwithstanding paragraph “a” , the state board of regents 15 shall submit the written report required under paragraph “a” on 16 a quarterly basis in the format specified by the director of 17 the department of management. 18 Sec. 2. Section 8D.9, subsection 2, paragraph a, unnumbered 19 paragraph 1, Code 2020, is amended to read as follows: 20 A private or public agency, other than an institution under 21 the control of the state board of regents, a private college 22 or university , or a nonpublic school, which certifies to the 23 commission pursuant to subsection 1 that the agency is a 24 part of or intends to become a part of the network shall use 25 the network for all video, data, and voice requirements of 26 the agency unless the private or public agency petitions the 27 commission for a waiver and one of the following applies: 28 Sec. 3. Section 8D.9, subsection 2, paragraphs b and c, Code 29 2020, are amended to read as follows: 30 b. A private or public agency, other than an institution 31 under the control of the state board of regents, a private 32 college or university , or a nonpublic school, shall petition 33 the commission for a waiver of the requirement to use the 34 network as provided in paragraph “a” , if the agency determines 35 -1- SF 2284 (2) 88 kh/jh/mb 1/ 9
S.F. 2284 that paragraph “a” , subparagraph (1) or (2) applies. The 1 commission shall establish by rule a review process for 2 determining, upon application of an authorized user, whether 3 paragraph “a” , subparagraph (1) or (2) applies. An authorized 4 user found by the commission to be under contract for such 5 services as provided in paragraph “a” , subparagraph (2), shall 6 not enter into another contract upon the expiration of such 7 contract, but shall utilize the network for such services as 8 provided in this section unless paragraph “a” , subparagraph 9 (1), applies. A waiver approved by the commission may be for 10 a period as requested by the private or public agency of up to 11 three years. 12 c. A An institution under the control of the state board 13 of regents, a private college or university , or a nonpublic 14 school which certifies to the commission pursuant to subsection 15 1 that the private college, university, or nonpublic school it 16 is a part of or intends to become a part of the network may 17 use the network for its video, data, or voice requirements 18 as determined by the regents institution, private college or 19 university , or nonpublic school. 20 Sec. 4. Section 21.5, subsection 1, paragraph l, Code 2020, 21 is amended to read as follows: 22 l. To discuss patient care quality and process improvement 23 initiatives in a meeting of a public hospital or to discuss 24 marketing and pricing strategies or similar proprietary 25 information in a meeting of a public hospital, where public 26 disclosure of such information would harm such a hospital’s 27 competitive position when no public purpose would be served 28 by public disclosure. The minutes and the audio recording of 29 a closed session under this paragraph shall be available for 30 public inspection when the public disclosure would no longer 31 harm the hospital’s competitive position. For purposes of 32 this paragraph, “public hospital” means a hospital licensed 33 pursuant to chapter 135B and governed pursuant to chapter 145A , 34 226 , 347 , 347A , or 392 , or a health care facility operated by 35 -2- SF 2284 (2) 88 kh/jh/mb 2/ 9
S.F. 2284 an institution governed by the state board of regents . This 1 paragraph does not apply to the information required to be 2 disclosed pursuant to section 347.13, subsection 11 , or to any 3 discussions relating to terms or conditions of employment, 4 including but not limited to compensation of an officer or 5 employee or group of officers or employees. 6 Sec. 5. Section 22.7, Code 2020, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 74. Proprietary intellectual property 9 owned or held under contractual agreements by the state board 10 of regents or by an institution of higher education under the 11 board’s control. 12 Sec. 6. Section 23A.2, subsection 10, paragraph k, 13 unnumbered paragraph 1, Code 2020, is amended to read as 14 follows: 15 The following on-campus activities of an institution or 16 school under the control of the state board of regents or a 17 school corporation: 18 Sec. 7. Section 23A.2, subsection 10, paragraph k, 19 subparagraphs (8) and (9), Code 2020, are amended to read as 20 follows: 21 (8) Services Health care and related services to patients 22 and visitors at by the university of Iowa hospitals and 23 clinics, except as specifically listed in subsection 2 , 24 paragraph “d” . 25 (9) Goods, products, or professional services which are 26 produced, created, or sold incidental to the schools’ teaching, 27 research, and extension missions provided to the public in 28 furtherance of the institution’s or school’s mission . 29 Sec. 8. Section 135P.1, subsection 3, Code 2020, is amended 30 to read as follows: 31 3. “Health facility” means an institutional health facility 32 as defined in section 135.61 , hospice licensed under chapter 33 135J , home health agency as defined in section 144D.1 , assisted 34 living program certified under chapter 231C , clinic, or 35 -3- SF 2284 (2) 88 kh/jh/mb 3/ 9
S.F. 2284 community health center, or the university of Iowa hospitals 1 and clinics, and includes any corporation, professional 2 corporation, partnership, limited liability company, limited 3 liability partnership, or other entity comprised of such health 4 facilities. 5 Sec. 9. Section 135P.3, subsection 1, unnumbered paragraph 6 1, Code 2020, is amended to read as follows: 7 If an adverse health care incident occurs in a health 8 facility, the health care provider, the health care facility, 9 or the health care provider jointly with the health facility, 10 may provide the patient with written notice of the desire of 11 the health care provider, the health care facility, or of the 12 health care provider jointly with the health facility, to enter 13 into an open discussion under this chapter . A health care 14 facility may designate a person or class of persons who have 15 authority to provide such notice on behalf of the facility. 16 If the health care provider or health facility provides such 17 notice, such notice must be sent within one hundred eighty days 18 year after the date on which the health care provider knew, or 19 through the use of diligence should have known, of the adverse 20 health care incident. The notice must include all of the 21 following: 22 Sec. 10. Section 262.9, subsection 22, Code 2020, is amended 23 by striking the subsection. 24 Sec. 11. Section 262.9, subsection 36, Code 2020, is amended 25 to read as follows: 26 36. Implement continuous improvement in every undergraduate 27 program programs offered by an institution of higher education 28 governed by the board. 29 a. A continuous improvement plan shall be developed and 30 implemented built upon the results of the institution’s student 31 outcomes assessment program using the following phase-in 32 timeline: 33 (1) For each course with typical annual enrollment of 34 three hundred or more, whether in one or multiple sections, a 35 -4- SF 2284 (2) 88 kh/jh/mb 4/ 9
S.F. 2284 continuous improvement plan shall be developed and implemented 1 beginning in the fall semester of 2013. 2 (2) For each course with typical annual enrollment of two 3 hundred or more but less than three hundred, whether in one 4 or multiple sections, a continuous improvement plan shall be 5 developed and implemented beginning in the fall semester of 6 2014. 7 (3) For each course with a typical annual enrollment of 8 one hundred or more but less than two hundred, whether in one 9 or multiple sections, a continuous improvement plan shall be 10 developed and implemented beginning in the fall semester of 11 2015. 12 b. For each undergraduate course, the institution shall 13 collect and use the results of formative and summative 14 assessments in its continuous improvement plan. for courses 15 with typical annual enrollments of one hundred or more 16 students, whether in one or multiple sections. In developing 17 and implementing the continuous improvement plan for each 18 course, the instructor or instructors for such a course shall 19 each year evaluate the results of the instructors’ students’ 20 performances in comparison with established course goals and 21 shall formulate recommendations for future goals and methods to 22 achieve improved student performance. The board shall annually 23 evaluate the effectiveness of the plans and shall submit an 24 executive summary of its findings and recommendations in its 25 annual strategic plan progress report, a copy of which shall be 26 submitted to the general assembly. 27 Sec. 12. Section 262.9B, subsection 5, Code 2020, is amended 28 by striking the subsection. 29 Sec. 13. Section 262.14, subsection 3, Code 2020, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . f. Funds belonging to an institution 32 governed by the board may be invested in private enterprises 33 if such investment is made in furtherance of the institution’s 34 mission. The board shall annually, on or before November 1, 35 -5- SF 2284 (2) 88 kh/jh/mb 5/ 9
S.F. 2284 submit a report to the general assembly providing information 1 regarding how the board invested any funds in accordance with 2 this paragraph, including the amount invested, how long the 3 board has invested such funds, and the percentage of equity in 4 each private enterprise held by the board. 5 Sec. 14. Section 262.26, Code 2020, is amended to read as 6 follows: 7 262.26 Report of board. 8 The board shall , biennially, at the time provided by 9 law, report to the governor and the legislature such facts, 10 observations, and conclusions respecting each of such the 11 institutions under its control as in the judgment of the board 12 should be considered by the legislature. Such report shall 13 contain an itemized account of the receipts and expenditures 14 of the board, and also the reports made to the board by the 15 executive officers of the several institutions or a summary 16 thereof, and shall submit budgets for biennial appropriations 17 deemed necessary and proper to be made for the support of 18 the several institutions and for the extraordinary and 19 special expenditures for buildings, betterments, and other 20 improvements. 21 Sec. 15. Section 262.28, Code 2020, is amended to read as 22 follows: 23 262.28 Appropriations —— monthly installments —— transfers . 24 1. All appropriations made payable annually to each of the 25 institutions under the control of the board of regents shall be 26 paid in twelve equal monthly installments on the last day of 27 each month on order of said board. 28 2. In lieu of the consent and notification requirements of 29 section 8.39 , the board may transfer moneys appropriated for 30 the purposes of the southwest Iowa regents resource center, the 31 northwest Iowa regents resource center, and the quad-cities 32 graduate studies center between such centers if the board 33 notifies, in writing, the general assembly and the legislative 34 services agency of the amount, the date, and the purpose of the 35 -6- SF 2284 (2) 88 kh/jh/mb 6/ 9
S.F. 2284 transfer. 1 Sec. 16. NEW SECTION . 262B.4 General powers —— ownership or 2 equity interests. 3 Any institution under the control of the state board of 4 regents may use its retained earnings, or the retained earnings 5 of an affiliated entity, to acquire, hold, and dispose of 6 ownership or equity interests in entities that arise from 7 research and development efforts conducted at such institution 8 in accordance with this chapter. 9 Sec. 17. Section 263.12, Code 2020, is amended to read as 10 follows: 11 263.12 Payment by counties. 12 The provisions of sections 270.4 to and 270.8 , inclusive, 13 are hereby made applicable to the university of Iowa hospitals 14 and clinics’ center for disabilities and development. 15 Sec. 18. Section 263.17, subsection 4, Code 2020, is amended 16 to read as follows: 17 4. An advisory committee consisting of one representative 18 of each of the organizations enumerated in subsection 2 , 19 paragraph “a” , is established. The advisory committee shall : 20 a. Employ employ , as a state employee, a full-time 21 director to operate the center. The director shall coordinate 22 the efforts of the heads of each of the major divisions of 23 laboratory analysis, epidemiology and biostatistics, biomedical 24 assays, and exposure modeling and shall also coordinate the 25 efforts of professional and support staff in the operation of 26 the center. 27 b. Submit an annual report of the activities of the center 28 to the legislative council of the general assembly by January 29 15 of each year. 30 Sec. 19. Section 266.39E, subsection 3, Code 2020, is 31 amended by striking the subsection. 32 Sec. 20. Section 269.2, Code 2020, is amended to read as 33 follows: 34 269.2 Expenses —— residence of indigents. 35 -7- SF 2284 (2) 88 kh/jh/mb 7/ 9
S.F. 2284 The provisions of sections 270.4 to and 270.8 , inclusive, 1 are hereby made applicable to the Iowa braille and sight saving 2 school. 3 Sec. 21. Section 270.3, Code 2020, is amended to read as 4 follows: 5 270.3 Admission. 6 Any resident of the state less than twenty-one years of 7 age , who has a hearing loss which is too severe to acquire 8 an education in the public schools is eligible to attend the 9 school for the deaf. Nonresidents similarly situated may be 10 admitted to an education therein upon such terms as may be 11 fixed by the state board of regents. The fee for nonresidents 12 shall be not less than the average expense of resident pupils 13 and shall be paid in advance set by the state board of regents . 14 Sec. 22. Section 270.4, Code 2020, is amended to read as 15 follows: 16 270.4 Clothing , and prescriptions , and transportation . 17 The superintendent shall provide students, who would 18 otherwise be without, with clothing , or prescription refills, 19 or transportation, and shall bill the student’s parent or 20 guardian, if the student is a minor, or the student if the 21 student has attained the age of majority, for any clothing , or 22 prescription refills , or transportation provided. The bill 23 shall be presumptive evidence in all courts. 24 Sec. 23. Section 282.18, subsections 16 and 17, Code 2020, 25 are amended by striking the subsections. 26 Sec. 24. Section 331.502, subsection 15, Code 2020, is 27 amended by striking the subsection. 28 Sec. 25. 2019 Iowa Acts, chapter 135, section 9, subsection 29 1, paragraph a, unnumbered paragraph 2, is amended to read as 30 follows: 31 The For the fiscal year beginning July 1, 2019, and ending 32 June 30, 2020, the state board of regents shall submit a 33 monthly quarterly financial report to the general assembly and 34 the legislative services agency in a format agreed upon by the 35 -8- SF 2284 (2) 88 kh/jh/mb 8/ 9
S.F. 2284 state board of regents office and the legislative services 1 agency. The report submitted in for the quarter ending 2 December 31, 2019 , shall include the five-year graduation rates 3 for the regents universities. 4 Sec. 26. REPEAL. Chapter 256G, Code 2020, is repealed. 5 Sec. 27. REPEAL. Sections 262.24, 262.25, 267A.7, 270.5, 6 270.6, and 270.7, Code 2020, are repealed. 7 Sec. 28. RETROACTIVE APPLICABILITY. The following applies 8 retroactively to July 1, 2019: 9 The section of this Act amending 2019 Iowa Acts, chapter 135, 10 section 9, subsection 1, paragraph “a”, unnumbered paragraph 2. 11 -9- SF 2284 (2) 88 kh/jh/mb 9/ 9