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 beselected from the state at large solely with 1 6 regard to their qualifications and fitness to discharge the 1 7 duties of the officeelected 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 19The 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