House File 610 - Introduced




                                 HOUSE FILE       
                                 BY  JACOBY

                                      A BILL FOR

  1 An Act relating to the membership of the board of regents and
  2    including transition provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1907YH (3) 86
    aw/sc

PAG LIN



  1  1    Section 1.  Section 262.1, Code 2015, is amended to read as
  1  2 follows:
  1  3    262.1  Membership.
  1  4    The state board of regents consists of nine members, eight
  1  5 of whom shall be selected from the state at large solely with
  1  6 regard to their qualifications and fitness to discharge the
  1  7 duties of the office elected pursuant to section 262.3. The
  1  8 ninth member shall be appointed by the elected members of the
  1  9 board and shall be a student enrolled on a full=time basis in
  1 10 good standing at either the graduate or undergraduate level at
  1 11 one of the institutions listed in section 262.7, subsection 1,
  1 12 2, or 3, at the time of the member's appointment. Not more than
  1 13 five members shall be of the same political party.  The elected
  1 14 members of the state board of regents may, by a majority vote
  1 15 of those members, remove or suspend the ninth member.
  1 16    Sec. 2.  Section 262.2, Code 2015, is amended to read as
  1 17 follows:
  1 18    262.2  Appointment == term of office.
  1 19    The members shall be appointed by the governor subject to
  1 20 confirmation by the senate. Prior to appointing the ninth
  1 21 member as specified in section 262.1, the governor shall
  1 22 consult with the appropriate student body government at the
  1 23 institution at which the proposed appointee is enrolled. The
  1 24 term of each member of the board shall be for six years,
  1 25 except as provided in section 262.3, unless the ninth member,
  1 26 appointed in accordance with section 262.1, graduates or is
  1 27 no longer enrolled at an institution of higher education
  1 28 under the board's control, at which time the term of the
  1 29 ninth member shall expire one year from the date on which the
  1 30 member graduates or is no longer enrolled in an institution
  1 31 of higher education under the board's control. However, if
  1 32 within that year the ninth member reenrolls in any institution
  1 33 of higher education under the board's control on a full=time
  1 34 basis and is a student in good standing at either the graduate
  1 35 or undergraduate level, the term of the ninth member shall
  2  1 continue in effect. The terms of three members of the board
  2  2 shall begin and expire in each odd=numbered year as provided
  2  3 in section 69.19.
  2  4    Sec. 3.  NEW SECTION.  262.3  Election of certain members ==
  2  5 vacancies.
  2  6    1.  Of the eight elective members of the board, two shall
  2  7 be elected by the registered voters of each of the three
  2  8 congressional districts in which is located an institution of
  2  9 higher learning governed by the board, one shall be elected
  2 10 from the remaining congressional district, and one shall be
  2 11 elected on a statewide basis. Members of the board shall be
  2 12 elected on a nonpartisan basis at the regular school election
  2 13 under section 277.1 for staggered six=year terms, with terms
  2 14 commencing on the first day of January that is not a Sunday or
  2 15 holiday following their election. Any eligible elector who is
  2 16 a resident of this state is entitled to elective membership
  2 17 on the board, however a member elected by the voters of a
  2 18 congressional district must be a resident of that congressional
  2 19 district. A vacancy in an elected position on the board shall
  2 20 be filled by the chairperson of the board for the unexpired
  2 21 balance of the term as provided in section 69.12 until the next
  2 22 succeeding regular election for school districts.
  2 23    2.  a.  At each regular school election, a successor shall
  2 24 be chosen for each board member whose term will expire in the
  2 25 succeeding January. Nominations of candidates shall be made
  2 26 by petition in accordance with chapter 45. Nominations of
  2 27 candidates for the statewide elected member shall be signed by
  2 28 at least three hundred eligible electors residing in the state.
  2 29 Nominations of all other candidates shall be signed by at least
  2 30 three hundred eligible electors residing in the congressional
  2 31 district. The petition form shall be furnished by the county
  2 32 commissioner of elections. Every candidate shall file with
  2 33 the nomination papers an affidavit stating the candidate's
  2 34 name, the candidate's residence, that the person is a candidate
  2 35 and is eligible for board membership, and that if elected the
  3  1 candidate will qualify for the office. The affidavit shall
  3  2 also state that the candidate is aware that the candidate is
  3  3 disqualified from holding office if the candidate has been
  3  4 convicted of an infamous crime and the candidate's rights have
  3  5 not been restored by the governor or by the president of the
  3  6 United States.
  3  7    b.  The signed petitions shall be filed with the county
  3  8 commissioner of elections not later than 5:00 p.m. on the
  3  9 sixty=ninth day before the regular election held pursuant
  3 10 to section 277.1. The votes for board membership shall be
  3 11 canvassed in the same manner as the votes for state officers,
  3 12 and the returns shall be certified to the state commissioner of
  3 13 elections. A plurality is sufficient to elect members, and a
  3 14 primary election for the office shall not be held.
  3 15    3.  As used in this section, "congressional district"
  3 16 means those districts established following the 2010 federal
  3 17 decennial census.
  3 18    Sec. 4.  REPEAL.  Sections 262.4, 262.5, and 262.6, Code
  3 19 2015, are repealed.
  3 20    Sec. 5.  TRANSITION PROVISIONS.
  3 21    1.  Membership terms of all regents board members on the
  3 22 effective date of this Act shall expire on December 31, 2017.
  3 23    2.  a.  At the regular election for school districts to be
  3 24 held in 2017, and at the regular election for school districts
  3 25 immediately preceding the expiration of the member's term, one
  3 26 member each shall be elected as follows:
  3 27    (1)  Statewide, for a full term.
  3 28    (2)  By the registered voters of the third congressional
  3 29 district, for a full term.
  3 30    (3)  By the registered voters of the first congressional
  3 31 district, for an initial four=year term.
  3 32    (4)  By the registered voters of the second congressional
  3 33 district, for an initial four=year term.
  3 34    (5)  By the registered voters of the fourth congressional
  3 35 district, for an initial four=year term.
  4  1    (6)  By the registered voters of the first congressional
  4  2 district, for an initial two=year term.
  4  3    (7)  By the registered voters of the second congressional
  4  4 district, for an initial two=year term.
  4  5    (8)  By the registered voters of the fourth congressional
  4  6 district, for an initial two=year term.
  4  7                           EXPLANATION
  4  8 The inclusion of this explanation does not constitute agreement with
  4  9 the explanation's substance by the members of the general assembly.
  4 10    This bill relates to the membership of the board of regents.
  4 11 Under current law, there are nine members of the board of
  4 12 regents (board) with one student member and with all members
  4 13 being appointed by the governor, subject to confirmation by the
  4 14 senate.
  4 15    The bill requires that eight members of the board be elected
  4 16 on a nonpartisan basis at the regular school election and
  4 17 requires that a ninth member be a student appointed by the
  4 18 elective members of the board. The bill requires that one
  4 19 elective member be elected statewide and that one elective
  4 20 member be elected by the third congressional district. The
  4 21 bill also requires that two members be elected by each of the
  4 22 other three congressional districts, in which are located an
  4 23 institution of higher learning governed by the board. The bill
  4 24 requires that board member terms are staggered.
  4 25    The bill requires that a member of the board be an eligible
  4 26 elector of the state and requires that a member elected by
  4 27 the voters of a congressional district be a resident of that
  4 28 congressional district. The bill provides that filling a
  4 29 vacancy in elective membership on the board shall be conducted
  4 30 in accordance with current Code section 69.12. The bill
  4 31 also establishes elections administration provisions for the
  4 32 nomination and election of board members.
  4 33    The bill provides transition provisions for the regular
  4 34 election for school districts scheduled for 2017.
       LSB 1907YH (3) 86
       aw/sc