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
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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
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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
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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
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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
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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,
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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
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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
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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
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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.
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