Senate File 2263 - Reprinted SENATE FILE 2263 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3075) (As Amended and Passed by the Senate March 8, 2022 ) 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 SF 2263 (3) 89 ss/rn/mb
S.F. 2263 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 8 least twenty-six senators and shall be submitted to the office 9 of the president of the senate within sixty days following 10 the appointment. The request shall be accompanied by an 11 explanation as to why senate confirmation is sought, and shall 12 be printed in the journal of the senate and included in the 13 materials submitted pursuant to section 2.32, subsection 3. 14 3. The secretary of the senate shall notify the office of 15 the governor or the appointing authority, as applicable, within 16 two days of receipt of a request under this section. 17 4. An appointee subject to confirmation pursuant to this 18 section shall be confirmed as provided in section 2.32, and 19 shall be considered a nominee to fill a vacancy occurring on 20 the date a request is submitted pursuant to this section. 21 5. An appointee who is the subject of a request pursuant 22 to this section shall remain in the appointed position as a 23 temporary or interim appointee until confirmed pursuant to 24 section 2.32, withdrawn from consideration by the governor 25 or appointing authority, or otherwise terminated from the 26 position. 27 6. The senate may adopt rules for the implementation of this 28 section. 29 Sec. 2. Section 16.2C, subsection 3, Code 2022, is amended 30 to read as follows: 31 3. The agricultural development board consists of five 32 members appointed by the governor subject to confirmation by 33 the senate . The executive director of the authority or the 34 executive director’s designee shall serve as an ex officio, 35 -1- SF 2263 (3) 89 ss/rn/mb 1/ 10
S.F. 2263 nonvoting member. 1 Sec. 3. Section 23.3, subsection 1, Code 2022, is amended 2 to read as follows: 3 1. An Iowa public information board is created consisting of 4 nine members appointed by the governor , subject to confirmation 5 by the senate . No more than three members appointed shall be 6 representatives from the media including newspapers and no 7 more than three members appointed shall be representatives 8 of cities, counties, and other political subdivisions of the 9 state. 10 Sec. 4. Section 35A.2, subsection 1, Code 2022, is amended 11 to read as follows: 12 1. A commission of veterans affairs is created consisting of 13 eleven persons who shall be appointed by the governor , subject 14 to confirmation by the senate . Members shall be appointed to 15 staggered terms of four years beginning and ending as provided 16 in section 69.19 . The governor shall fill a vacancy for the 17 unexpired portion of the term. In addition to the members 18 appointed by the governor, the director of the department 19 and the commandant of the Iowa veterans home shall serve as 20 nonvoting, ex officio members of the commission. 21 Sec. 5. Section 80B.6, subsection 1, unnumbered paragraph 22 1, Code 2022, is amended to read as follows: 23 An Iowa law enforcement academy council is created 24 consisting of the following thirteen voting members appointed 25 by the governor , subject to confirmation by the senate, to 26 terms of four years commencing as provided in section 69.19 : 27 Sec. 6. Section 80E.2, subsection 2, Code 2022, is amended 28 to read as follows: 29 2. The prosecuting attorney, licensed substance abuse 30 treatment specialist, certified substance abuse prevention 31 specialist, substance abuse treatment program director, 32 member representing the Iowa peace officers association, 33 member representing the Iowa state police association, and the 34 member representing the Iowa state sheriffs’ and deputies’ 35 -2- SF 2263 (3) 89 ss/rn/mb 2/ 10
S.F. 2263 association shall be appointed by the governor , subject to 1 senate confirmation, for four-year terms beginning and ending 2 as provided in section 69.19 . A vacancy on the council shall 3 be filled for the unexpired term in the same manner as the 4 original appointment was made. 5 Sec. 7. Section 142A.3, subsection 3, paragraph a, 6 unnumbered paragraph 1, Code 2022, is amended to read as 7 follows: 8 Members, at least one of whom is a member of a racial 9 minority, to be appointed by the governor , subject to 10 confirmation by the senate pursuant to sections 2.32 and 69.19 , 11 and consisting of the following: 12 Sec. 8. Section 216A.12, subsection 1, Code 2022, is amended 13 to read as follows: 14 1. The commission of Latino affairs consists of seven 15 members , appointed by the governor , and subject to confirmation 16 by the senate pursuant to section 2.32 . Commission members 17 shall be appointed in compliance with sections 69.16 and 18 69.16A . Commission members shall reside in the state. 19 Sec. 9. Section 216A.53, subsection 1, Code 2022, is amended 20 to read as follows: 21 1. The commission on the status of women is established and 22 shall consist of seven voting members who shall be appointed by 23 the governor , subject to confirmation by the senate pursuant 24 to section 2.32 , and shall represent a cross section of the 25 citizens of the state. All members shall reside in the state. 26 Sec. 10. Section 216A.74, subsection 1, Code 2022, is 27 amended to read as follows: 28 1. The commission of persons with disabilities is 29 established and shall consist of seven voting members appointed 30 by the governor , subject to confirmation by the senate pursuant 31 to section 2.32 . A majority of the commission shall be persons 32 with disabilities. All members shall reside in the state. 33 Sec. 11. Section 216A.92A, subsection 1, unnumbered 34 paragraph 1, Code 2022, is amended to read as follows: 35 -3- SF 2263 (3) 89 ss/rn/mb 3/ 10
S.F. 2263 The commission on community action agencies is created, 1 composed of nine members appointed by the governor , subject to 2 confirmation by the senate . The membership of the commission 3 shall reflect the composition of local community action agency 4 boards as follows: 5 Sec. 12. Section 216A.113, subsection 1, Code 2022, is 6 amended to read as follows: 7 1. The commission of deaf services is established, and shall 8 consist of seven voting members appointed by the governor , 9 subject to confirmation by the senate pursuant to section 10 2.32 . Membership of the commission shall include at least four 11 members who are deaf and at least one member who is hard of 12 hearing. All members shall reside in Iowa. 13 Sec. 13. Section 216A.132, subsection 1, paragraph a, 14 unnumbered paragraph 1, Code 2022, is amended to read as 15 follows: 16 The governor shall appoint nine voting members each for 17 a four-year term beginning and ending as provided in section 18 69.19 and subject to confirmation by the senate as follows: 19 Sec. 14. Section 216A.142, subsection 1, Code 2022, is 20 amended to read as follows: 21 1. The commission on the status of African Americans is 22 established and shall consist of seven members appointed by 23 the governor , subject to confirmation by the senate . All 24 members shall reside in Iowa. At least five members shall be 25 individuals who are African American. 26 Sec. 15. Section 216A.152, subsection 1, Code 2022, is 27 amended to read as follows: 28 1. The commission of Asian and Pacific Islander affairs is 29 established and shall consist of seven members appointed by the 30 governor , subject to confirmation by the senate . Members shall 31 be appointed representing every geographical area of the state 32 and ethnic groups of Asian and Pacific Islander heritage. All 33 members shall reside in Iowa. 34 Sec. 16. Section 216A.162, subsection 1, Code 2022, is 35 -4- SF 2263 (3) 89 ss/rn/mb 4/ 10
S.F. 2263 amended to read as follows: 1 1. A commission of Native American affairs is established 2 consisting of eleven voting members appointed by the governor , 3 subject to confirmation by the senate . 4 Sec. 17. Section 216B.2, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. The commission for the blind is established consisting 7 of three members appointed by the governor , subject to 8 confirmation by the senate . Members of the commission shall 9 serve three-year terms beginning and ending as provided in 10 section 69.19 . The members of the commission shall appoint 11 officers for the commission. A majority of the members of the 12 commission shall constitute a quorum. 13 Sec. 18. Section 217.2, subsection 1, paragraph a, Code 14 2022, is amended to read as follows: 15 a. There is created within the department of human services 16 a council on human services which shall act in a policymaking 17 and advisory capacity on matters within the jurisdiction of 18 the department. The council shall consist of seven voting 19 members appointed by the governor subject to confirmation 20 by the senate . Appointments shall be made on the basis of 21 interest in public affairs, good judgment, and knowledge and 22 ability in the field of human services. Appointments shall 23 be made to provide a diversity of interest and point of view 24 in the membership and without regard to religious opinions or 25 affiliations. The voting members of the council shall serve 26 for six-year staggered terms. 27 Sec. 19. Section 225C.5, subsection 1, unnumbered paragraph 28 1, Code 2022, is amended to read as follows: 29 A mental health and disability services commission is 30 created as the state policy-making body for the provision 31 of services to persons with mental illness, an intellectual 32 disability, other developmental disabilities, or brain 33 injury. The commission’s voting members shall be appointed 34 to three-year staggered terms by the governor and are subject 35 -5- SF 2263 (3) 89 ss/rn/mb 5/ 10
S.F. 2263 to confirmation by the senate . Commission members shall be 1 appointed on the basis of interest and experience in the fields 2 of mental health, intellectual disability, other developmental 3 disabilities, and brain injury, in a manner so as to ensure 4 adequate representation from persons with disabilities and 5 individuals knowledgeable concerning disability services. The 6 department shall provide staff support to the commission, and 7 the commission may utilize staff support and other assistance 8 provided to the commission by other persons. The commission 9 shall meet at least four times per year. The membership of the 10 commission shall consist of the following persons who, at the 11 time of appointment to the commission, are active members of 12 the indicated groups: 13 Sec. 20. Section 225C.51, subsection 2, Code 2022, is 14 amended to read as follows: 15 2. Members appointed by the governor shall serve four-year 16 staggered terms and are subject to confirmation by the senate . 17 The four-year terms shall begin and end as provided in section 18 69.19 . Vacancies on the state board shall be filled as 19 provided in section 2.32 . A member shall not be appointed for 20 more than two consecutive four-year terms. 21 Sec. 21. Section 231.11, Code 2022, is amended to read as 22 follows: 23 231.11 Commission established. 24 The commission on aging is established which shall consist 25 of eleven members. One member each shall be appointed by the 26 president of the senate, after consultation with the majority 27 leader of the senate, and by the minority leader of the 28 senate, from the members of the senate to serve as ex officio, 29 nonvoting members. One member each shall be appointed by the 30 speaker of the house of representatives and by the minority 31 leader of the house of representatives, from the members of 32 the house of representatives to serve as ex officio, nonvoting 33 members. Seven members shall be appointed by the governor 34 subject to confirmation by the senate . Not more than a simple 35 -6- SF 2263 (3) 89 ss/rn/mb 6/ 10
S.F. 2263 majority of the governor’s appointees shall belong to the same 1 political party. At least four of the seven members appointed 2 by the governor shall be fifty-five years of age or older when 3 appointed. 4 Sec. 22. Section 237.16, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. The child advocacy board is created within the department 7 of inspections and appeals. The state board consists of nine 8 members appointed by the governor , subject to confirmation 9 by the senate and directly responsible to the governor. One 10 member shall be an active court appointed special advocate 11 volunteer, one member shall be an active member of a local 12 citizen foster care review board, and one member shall be a 13 judicial branch employee or judicial officer appointed from 14 nominees submitted by the judicial branch. The appointment is 15 for a term of four years that begins and ends as provided in 16 section 69.19 . Vacancies on the state board shall be filled in 17 the same manner as original appointments are made. 18 Sec. 23. Section 256.35A, subsection 2, paragraph a, 19 unnumbered paragraph 1, Code 2022, is amended to read as 20 follows: 21 The council shall consist of thirteen voting members 22 appointed by the governor and confirmed by the senate . The 23 majority of the voting members shall be individuals with autism 24 or members of their families. Additionally, each of the 25 following shall be represented among the voting members: 26 Sec. 24. Section 256I.3, subsection 2, paragraph a, Code 27 2022, is amended to read as follows: 28 a. The board shall consist of twenty-one voting members 29 with fifteen citizen members and six state agency members. 30 The six state agency members shall be the directors or their 31 designees of the following agencies: economic development 32 authority, education, human rights, human services, public 33 health, and workforce development. The designees of state 34 agency directors shall be selected on an annual basis. The 35 -7- SF 2263 (3) 89 ss/rn/mb 7/ 10
S.F. 2263 citizen members shall be appointed by the governor , subject to 1 confirmation by the senate . The governor’s appointments of 2 citizen members shall be made in a manner so that each of the 3 state’s congressional districts is represented by at least two 4 citizen members and so that all the appointments as a whole 5 reflect the ethnic, cultural, social, and economic diversity of 6 the state. A member of the state board shall not be a provider 7 of services or other entity receiving funding through the early 8 childhood Iowa initiative or be employed by such a provider or 9 other entity. 10 Sec. 25. Section 257.30, subsection 1, Code 2022, is amended 11 to read as follows: 12 1. A school budget review committee is established in 13 the department of education and consists of the director 14 of the department of education in an ex officio, nonvoting 15 capacity, the director of the department of management, and 16 four members who are knowledgeable in the areas of Iowa school 17 finance or public finance issues appointed by the governor 18 to represent the public. At least one of the public members 19 shall possess a master’s or doctoral degree in which areas 20 of school finance, economics, or statistics are an integral 21 component, or shall have equivalent experience in an executive 22 administrative or senior research position in the education 23 or public administration field. The members appointed by the 24 governor shall serve staggered three-year terms beginning 25 and ending as provided in section 69.19 and are subject to 26 senate confirmation as provided in section 2.32 . The committee 27 shall meet and hold hearings each year and shall continue in 28 session until it has reviewed budgets of school districts, as 29 provided in section 257.31 . The committee may call in school 30 board members and employees as necessary for the hearings. 31 The committee’s scheduled hearing agendas and the minutes of 32 such hearings shall be posted on the department of education’s 33 internet site. Legislators shall be notified of hearings 34 concerning school districts in their legislative districts. 35 -8- SF 2263 (3) 89 ss/rn/mb 8/ 10
S.F. 2263 Sec. 26. Section 333A.2, subsection 1, paragraphs b and c, 1 Code 2022, are amended to read as follows: 2 b. Five elected county officials who are regularly involved 3 in budget preparation. One county official shall be from 4 a county with a population of less than eleven thousand 5 five hundred, one from a county with a population of more 6 than eleven thousand five hundred but not more than sixteen 7 thousand, one from a county with a population of more than 8 sixteen thousand but not more than twenty-two thousand five 9 hundred, one from a county with a population of more than 10 twenty-two thousand five hundred but not more than eighty 11 thousand and one from a county with a population of more than 12 eighty thousand. The governor shall select and appoint the 13 county officials , subject to the approval of two-thirds of the 14 members of the senate . 15 c. A certified public accountant experienced in governmental 16 accounting selected and appointed by the governor with the 17 approval of two-thirds of the members of the senate . 18 Sec. 27. Section 368.9, subsection 1, Code 2022, is amended 19 to read as follows: 20 1. A city development board is created. The economic 21 development authority shall provide office space and staff 22 assistance, and shall budget funds to cover expenses of the 23 board and committees. The board consists of five members 24 appointed by the governor subject to confirmation by the 25 senate . The appointments must be for four-year staggered terms 26 beginning and ending as provided by section 69.19 , or to fill 27 an unexpired term in case of a vacancy. Members are eligible 28 for reappointment. 29 Sec. 28. Section 514I.5, subsection 1, paragraph d, Code 30 2022, is amended to read as follows: 31 d. Four public members appointed by the governor and 32 subject to confirmation by the senate . The public members 33 shall be members of the general public who have experience, 34 knowledge, or expertise in the subject matter embraced within 35 -9- SF 2263 (3) 89 ss/rn/mb 9/ 10
S.F. 2263 this chapter . 1 Sec. 29. Section 602.2102, subsection 1, Code 2022, is 2 amended to read as follows: 3 1. A seven-member “Commission on Judicial Qualifications” 4 is established. The commission consists of one district judge 5 and two members who are practicing attorneys in Iowa and who 6 do not belong to the same political party, to be appointed 7 by the chief justice; and four electors of the state who are 8 not attorneys, no more than two of whom belong to the same 9 political party, to be appointed by the governor , subject to 10 confirmation by the senate . The commission members shall serve 11 for six-year terms, are ineligible for a second term, and 12 except for the judicial member shall not hold any other office 13 of and shall not be employed by the United States or the state 14 of Iowa or its political subdivisions. Members appointed by 15 the chief justice shall serve terms beginning January 1 of the 16 year for which the appointments are made and members appointed 17 by the governor shall serve staggered terms beginning and 18 ending as provided by section 69.19 . Vacancies shall be filled 19 by appointment by the chief justice or governor as provided in 20 this subsection , for the unexpired portion of the term. 21 Sec. 30. Section 904.104, Code 2022, is amended to read as 22 follows: 23 904.104 Board created. 24 A board of corrections is created within the department. The 25 board shall consist of seven members appointed by the governor 26 subject to confirmation by the senate . Not more than four of 27 the members shall be from the same political party. Members 28 shall be electors of this state. Members of the board shall 29 serve four-year staggered terms. 30 -10- SF 2263 (3) 89 ss/rn/mb 10/ 10