Bill Text: IA HF2329 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to duties of and programs administered by the state board of regents and institutions governed by the state board of regents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-13 - Introduced, referred to Education. H.J. 258. [HF2329 Detail]
Download: Iowa-2017-HF2329-Introduced.html
House File 2329 - Introduced HOUSE FILE BY MASCHER A BILL FOR 1 An Act relating to duties of and programs administered by the 2 state board of regents and institutions governed by the 3 state board of regents. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5971YH (4) 87 je/jh PAG LIN 1 1 Section 1. Section 8D.9, subsection 2, paragraph a, 1 2 unnumbered paragraph 1, Code 2018, is amended to read as 1 3 follows: 1 4 A private or public agency, other than an institution 1 5 governed by the board of regents, a private college or 1 6 university, or a nonpublic school, which certifies to the 1 7 commission pursuant to subsection 1 that the agency is a 1 8 part of or intends to become a part of the network shall use 1 9 the network for all video, data, and voice requirements of 1 10 the agency unless the private or public agency petitions the 1 11 commission for a waiver and one of the following applies: 1 12 Sec. 2. Section 8D.9, subsection 2, paragraphs b and c, Code 1 13 2018, are amended to read as follows: 1 14 b. A private or public agency, other than an institution 1 15 governed by the board of regents, a private college or 1 16 university, or a nonpublic school, shall petition the 1 17 commission for a waiver of the requirement to use the network 1 18 as provided in paragraph "a", if the agency determines that 1 19 paragraph "a", subparagraph (1) or (2) applies. The commission 1 20 shall establish by rule a review process for determining, upon 1 21 application of an authorized user, whether paragraph "a", 1 22 subparagraph (1) or (2) applies. An authorized user found 1 23 by the commission to be under contract for such services as 1 24 provided in paragraph "a", subparagraph (2), shall not enter 1 25 into another contract upon the expiration of such contract, 1 26 but shall utilize the network for such services as provided in 1 27 this section unless paragraph "a", subparagraph (1), applies. 1 28 A waiver approved by the commission may be for a period as 1 29 requested by the private or public agency of up to three years. 1 30 c.AAn institution governed by the board of regents, a 1 31 private college or university, or a nonpublic school which 1 32 certifies to the commission pursuant to subsection 1 that the 1 33 institution, private college, university, or nonpublic school 1 34 is a part of or intends to become a part of the network may 1 35 use the network for its video, data, or voice requirements as 2 1 determined by the institution, private college,oruniversity, 2 2 or nonpublic school. 2 3 Sec. 3. Section 22.1, subsection 3, paragraph b, Code 2018, 2 4 is amended to read as follows: 2 5 b. "Public records" also includes all records relating 2 6 to the investment of public funds including but not limited 2 7 to investment policies, instructions, trading orders, 2 8 or contracts, whether in the custody of the public body 2 9 responsible for the public funds or a fiduciary or other third 2 10 party. "Public records" does not include records of an entity 2 11 other than a government body in which an institution governed 2 12 by the state board of regents has invested. 2 13 Sec. 4. Section 22.7, Code 2018, is amended by adding the 2 14 following new subsections: 2 15 NEW SUBSECTION. 74. Commercial or financial information 2 16 that is proprietary and that is obtained by an institution 2 17 governed by the state board of regents from any source. 2 18 NEW SUBSECTION. 75. The following records of or belonging 2 19 to an institution governed by state board of regents, which 2 20 have been developed, produced, discovered, learned, disclosed 2 21 to, or collected or received by or on behalf of faculty, staff, 2 22 employees, or students of the institution: 2 23 a. Notes, data, manuscripts, results, discoveries, 2 24 methodologies, confidential information contained in research 2 25 proposals, and other information relating to research or 2 26 service agreements that has not been publicly released, 2 27 published, or yet afforded intellectual property protection. 2 28 A record or part thereof that gives the name, project title, 2 29 source and amounts of funding, and project time period of any 2 30 research project shall not be kept confidential under this 2 31 subsection. 2 32 b. (1) The specific terms and conditions of any license 2 33 or other commercialization agreement relating to state=owned 2 34 or controlled technology or the development, transfer, or 2 35 commercialization of technology. 3 1 (2) Any other information relating to state=owned or 3 2 controlled technology or the development, transfer, or 3 3 commercialization of the technology that, if disclosed, will 3 4 adversely affect or give other persons or entities an advantage 3 5 over the institution governed by the state board of regents in 3 6 negotiating terms and conditions for the development, transfer, 3 7 or commercialization of the technology. 3 8 c. Proprietary commercial or financial information that 3 9 is voluntarily provided by a person or entity pursuant to 3 10 a promise of confidentiality from an institution of higher 3 11 learning under the control of the state board of regents and 3 12 that is used by the institution for economic development. 3 13 d. Unpublished lecture notes, course materials, test 3 14 questions, scoring keys, and other examination data used to 3 15 administer an academic examination. 3 16 Sec. 5. Section 23A.2, subsection 10, paragraph k, 3 17 unnumbered paragraph 1, Code 2018, is amended to read as 3 18 follows: 3 19 The followingon=campusactivities of an institution or 3 20 school under the control of the state board of regents or 3 21 on=campus activities of a school corporation: 3 22 Sec. 6. Section 23A.2, subsection 10, paragraph k, 3 23 subparagraphs (8) and (9), Code 2018, are amended to read as 3 24 follows: 3 25 (8)ServicesHealth care and related services to patients 3 26 and visitorsatby the university of Iowa hospitals and 3 27 clinics, except as specifically listed in subsection 2, 3 28 paragraph "d". 3 29 (9) Goods, products, or professional services which are 3 30 produced, created, or sold by a school corporation that are 3 31 incidental to theschools'school corporation's teaching, 3 32 research, and extension missionsmission. Goods, products, or 3 33 professional services provided to the public by an institution 3 34 or school under the control of the state board of regents in 3 35 furtherance of the institution's or school's mission. 4 1 Sec. 7. Section 103.22, subsection 2, Code 2018, is amended 4 2 to read as follows: 4 3 2. Require employees of municipal utilities, electric 4 4 membership or cooperative associations, investor=owned 4 5 utilities, rural water associations or districts, railroads, 4 6 telecommunications companies, franchised cable television 4 7 operators, farms,orcommercial or industrial companies, or 4 8 institutions under the control of the state board of regents 4 9 performing manufacturing, installation, and repair work for 4 10 such employer to hold licenses while acting within the scope 4 11 of their employment. An employee of a farm does not include a 4 12 person who is employed for the primary purpose of installing 4 13 a new electrical installation. 4 14 Sec. 8. Section 261.103, subsection 1, Code 2018, is amended 4 15 to read as follows: 4 16 1. A grant under the program may be awarded to any minority 4 17 person who is a resident of Iowa, who is accepted for admission 4 18 or is attending a board of regents' university, community 4 19 college, or an accredited private institution, and who 4 20 demonstrates financial need.Applicants who receive vouchers 4 21 under section 262.92 shall be given priority in receiving 4 22 grants under the program, but an applicant shall not be denied 4 23 a grant because the applicant does not hold vouchers under the 4 24 program in section 262.92. For the fiscal year commencing 4 25 July 1, 1990, and in subsequent years, grantsGrants shall be 4 26 awarded to all minority persons, with priority to be given to 4 27 those minority persons who are residents of Iowa. 4 28 Sec. 9. Section 261.104, subsection 8, Code 2018, is amended 4 29 by striking the subsection. 4 30 Sec. 10. NEW SECTION. 261.106 Report to general assembly. 4 31 The college student aid commission shall submit to the 4 32 general assembly, by January 15 of each year, a report 4 33 on the progress and implementation of the program. The 4 34 report shall include but is not limited to the numbers of 4 35 students participating in the program and allocation of funds 5 1 appropriated for the program. 5 2 Sec. 11. Section 262.9, subsection 36, paragraphs a and b, 5 3 Code 2018, are amended to read as follows: 5 4 a. A continuous improvement plan shall be developed and 5 5 implementedbuiltbased upon the results of the institution's 5 6 student outcomes assessment program.using the following 5 7 phase=in timeline:5 8(1) For each course with typical annual enrollment of 5 9 three hundred or more, whether in one or multiple sections, a 5 10 continuous improvement plan shall be developed and implemented 5 11 beginning in the fall semester of 2013.5 12(2) For each course with typical annual enrollment of two 5 13 hundred or more but less than three hundred, whether in one 5 14 or multiple sections, a continuous improvement plan shall be 5 15 developed and implemented beginning in the fall semester of 5 16 2014.5 17(3) For each course with a typical annual enrollment of 5 18 one hundred or more but less than two hundred, whether in one 5 19 or multiple sections, a continuous improvement plan shall be 5 20 developed and implemented beginning in the fall semester of 5 21 2015.5 22 b.For each undergraduate course, the institution shall 5 23 collect and use the results of formative and summative 5 24 assessments in its continuous improvement plan.The board 5 25 shall annually evaluate theeffectiveness of the plansstudent 5 26 outcomes assessment programs and shall submit an executive 5 27 summary of its findings and recommendations in its annual 5 28 strategic plan progress report, a copy of which shall be 5 29 submitted to the general assembly. 5 30 Sec. 12. Section 262.9B, subsection 5, Code 2018, is amended 5 31 by striking the subsection. 5 32 Sec. 13. Section 262.14, subsection 3, Code 2018, is amended 5 33 by adding the following new paragraph: 5 34 NEW PARAGRAPH. f. An institution governed by the board 5 35 may invest funds belonging to the institution in private 6 1 enterprises if such investment is done in furtherance of the 6 2 institution's mission. 6 3 Sec. 14. Section 262.26, Code 2018, is amended to read as 6 4 follows: 6 5 262.26Report ofData collection == information and reports 6 6 by board. 6 7 The board shall, biennially, at the time provided by 6 8 law, report to the governor and the legislature such facts, 6 9 observations, and conclusions respecting each of such 6 10 institutions as in the judgment of the board should be 6 11 considered by the legislature. Such report shall contain 6 12 an itemized account of the receipts and expenditures of the 6 13 board, and also the reports made to the board by the executive 6 14 officers of the several institutions or a summary thereof, 6 15 and shall submit budgets for biennial appropriations deemed 6 16 necessary and proper to be made for the support of the several 6 17 institutions and for the extraordinary and special expenditures 6 18 for buildings, betterments, and other improvementsprovide for 6 19 the annual collection of data from each institution in such 6 20 detail and form as the board determines is needed to perform 6 21 its governance responsibilities, including detailed information 6 22 on institutional programs, revenues, and expenditures. The 6 23 board shall provide information and reports for the governor 6 24 and general assembly including annual appropriation requests 6 25 deemed necessary and proper to be made for the support of 6 26 the several institutions and for the extraordinary and 6 27 special expenditures for buildings, betterments, and other 6 28 improvements. 6 29 Sec. 15. NEW SECTION. 262B.6 Acquisition of interests in 6 30 related entities. 6 31 Each of the institutions under the control of the state 6 32 board of regents may acquire, hold, and dispose of ownership 6 33 or equity interests in entities that arise from research 6 34 and development efforts conducted at that institution. The 6 35 institution may use the institution's or the institution's 7 1 affiliated entities' retained earnings for such acquisition. 7 2 Sec. 16. Section 263.12, Code 2018, is amended to read as 7 3 follows: 7 4 263.12 Payment by counties. 7 5The provisions ofsectionsSection 270.4to 270.8, 7 6 inclusive, areis hereby made applicable to the university 7 7 of Iowa hospitals and clinics' center for disabilities and 7 8 development. 7 9 Sec. 17. Section 263.17, subsection 4, paragraph b, Code 7 10 2018, is amended by striking the paragraph. 7 11 Sec. 18. Section 266.39E, subsection 3, Code 2018, is 7 12 amended by striking the subsection. 7 13 Sec. 19. Section 269.2, Code 2018, is amended to read as 7 14 follows: 7 15 269.2 Expenses == residence of indigents. 7 16The provisions ofsectionsSection 270.4to 270.8, 7 17 inclusive, areis hereby made applicable to the Iowa braille 7 18 and sight saving school. 7 19 Sec. 20. Section 270.4, Code 2018, is amended to read as 7 20 follows: 7 21 270.4 Clothing,and prescriptions, and transportation. 7 22 The superintendent shall provide students, who would 7 23 otherwise be without,withclothing,or prescription refills, 7 24 or transportation,and shall bill the student's parent or 7 25 guardian, if the student is a minor, or the student if the 7 26 student has attained the age of majority, for any clothing,or 7 27 prescription refills, or transportationprovided.The bill 7 28 shall be presumptive evidence in all courts.7 29 Sec. 21. Section 331.424, subsection 1, paragraph a, 7 30 subparagraph (1), subparagraph division (c), Code 2018, is 7 31 amended to read as follows: 7 32 (c) Clothing,transportation,medical, or other services 7 33 provided persons attending the Iowa braille and sight saving 7 34 school, the Iowa school for the deaf, or the university of Iowa 7 35 hospitals and clinics' center for disabilities and development 8 1 for children with severe disabilities at Iowa City, for which 8 2 the county becomes obligated to pay pursuant to sections 8 3 263.12, 269.2, and 270.4through 270.7. 8 4 Sec. 22. Section 331.502, subsection 16, Code 2018, is 8 5 amended by striking the subsection. 8 6 Sec. 23. Section 331.552, subsection 13, Code 2018, is 8 7 amended to read as follows: 8 8 13. Make transfer payments to the state for school expenses 8 9 for blind and deaf children and support of persons with mental 8 10 illness as provided in sections 230.21,and 269.2, and 270.7. 8 11 Sec. 24. 2008 Iowa Acts, chapter 1191, section 14, 8 12 subsection 7, is amended to read as follows: 8 13 7. The following are range 7 positions: administrator 8 14 of the public broadcasting division of the department of 8 15 education, director of the department of corrections, director 8 16 of the department of education, director of human services, 8 17 director of the department of economic development, executive 8 18 director of the Iowa telecommunications and technology 8 19 commission,executive director of the state board of regents,8 20 director of transportation, director of the department of 8 21 workforce development, director of revenue, director of public 8 22 health, state court administrator, director of the department 8 23 of management, and director of the department of administrative 8 24 services. 8 25 Sec. 25. REPEAL. Sections 262.24, 262.25, 262.91, 262.92, 8 26 262.93, 267A.7, 270.5, 270.6, and 270.7, Code 2018, are 8 27 repealed. 8 28 EXPLANATION 8 29 The inclusion of this explanation does not constitute agreement with 8 30 the explanation's substance by the members of the general assembly. 8 31 This bill relates to duties of and programs administered by 8 32 the state board of regents and institutions governed by the 8 33 board (regents institutions). 8 34 The bill authorizes a regents institution which certifies 8 35 to the Iowa telecommunications and technology commission 9 1 that the institution is a part of or intends to become a 9 2 part of the Iowa communications network to use the network 9 3 for its video, data, or voice requirements as determined by 9 4 the institution. Current law requires an institution that 9 5 makes such a certification to use the network for all video, 9 6 data, and voice requirements of the institution unless the 9 7 institution petitions the commission for a waiver and meets one 9 8 of certain specified criteria. 9 9 The bill provides that public records for purposes of Code 9 10 chapter 22, the state public records law, do not include 9 11 records of an entity other than a government body in which a 9 12 regents institution has invested. 9 13 The bill provides that commercial or financial information 9 14 that is proprietary and that is obtained by a regents 9 15 institution from any source is a confidential record under 9 16 Code chapter 22. The bill provides that certain specified 9 17 records of or belonging to a regents institution, which have 9 18 been developed, produced, discovered, learned, disclosed to, 9 19 or collected or received by or on behalf of faculty, staff, 9 20 employees, or students of the institution are confidential 9 21 records under Code chapter 22. 9 22 The bill modifies exemptions to Code chapter 23, which 9 23 generally prohibits state agencies and political subdivisions 9 24 from competing with private enterprise, applicable to 9 25 regents institutions. The bill strikes language limiting 9 26 such exemptions only to on=campus activities of regents 9 27 institutions. The bill strikes language exempting services 9 28 to patients and visitors at the university of Iowa hospitals 9 29 and clinics and instead provides that health care and 9 30 related services to patients and visitors by the university 9 31 of Iowa hospitals and clinics are exempt from Code chapter 9 32 23. The bill strikes language exempting goods, products, 9 33 or professional services which are produced, created, or 9 34 sold incidental to the institution's teaching, research, and 9 35 extension mission and instead provides that goods, products, 10 1 or professional services provided to the public by a regents 10 2 institution in furtherance of the institution's mission are 10 3 exempt from Code chapter 23. 10 4 The bill provides that employees of regents institutions 10 5 performing manufacturing, installation, and repair work do 10 6 not need to hold licenses under Code chapter 103, relating to 10 7 electricians and electrical contractors, while acting within 10 8 the scope of their employment. 10 9 The bill strikes language requiring the Iowa school for 10 10 the deaf, the Iowa braille and sight saving school, and 10 11 the university of Iowa hospitals and clinics' center for 10 12 disabilities and development to provide transportation to 10 13 students who would otherwise be without transportation. 10 14 Language relating to transportation reimbursements for parents 10 15 of students attending the school for the deaf and Iowa braille 10 16 and sight saving school is retained. 10 17 The bill strikes language providing for payment procedures 10 18 involving counties and the department of administrative 10 19 services for clothing, prescription refills, and other services 10 20 provided by the Iowa school for the deaf, the Iowa braille and 10 21 sight saving school, and the university of Iowa hospitals and 10 22 clinics' center for disabilities and development. 10 23 The bill strikes language providing for a phased=in 10 24 implementation timeline for continuous improvement plans 10 25 developed and implemented based upon the results of the regents 10 26 institutions' student outcomes assessment programs. The 10 27 phased=in implementation timeline has concluded. The bill 10 28 strikes language requiring each regents institution to collect 10 29 and use the results of formative and summative assessments in 10 30 its continuous improvement plan for each undergraduate course. 10 31 The bill requires the board of regents to annually evaluate 10 32 the outcomes assessment programs in a report to the general 10 33 assembly. 10 34 The bill authorizes regents institutions to acquire, hold, 10 35 and dispose of ownership or equity interests in entities that 11 1 arise from research and development efforts conducted at that 11 2 institution. The institution may use the institution's or the 11 3 institution's affiliated entities' retained earnings for such 11 4 acquisition. 11 5 The bill authorizes a regents institution to invest funds 11 6 belonging to the institution in private enterprises if such 11 7 investment is done in furtherance of the institution's mission. 11 8 The bill strikes language requiring the state board of 11 9 regents to establish college=bound programs to provide Iowa 11 10 minority students with information and experiences relating to 11 11 opportunities offered at regents institutions. 11 12 The bill strikes language providing that the executive 11 13 director of the state board of regents is a range 7 position 11 14 for purposes of the salary range established in 2008 Iowa Acts, 11 15 chapter 1191, section 14. 11 16 The bill strikes various reporting requirements for 11 17 programs administered by the state board of regents or regents 11 18 institutions, including reports on cooperative purchasing, the 11 19 center for health effects of environmental contamination, the 11 20 beginning farmer center, the Iowa minority academic grants for 11 21 economic success program, the minority and women educators 11 22 enhancement programs, and the local food and farm program. 11 23 The bill strikes required reports to the state board of 11 24 regents by the executive officer and secretarial officer, 11 25 respectively, of each regents institution. The bill requires 11 26 the board to provide for the annual collection of data 11 27 from each regents institution in such detail and form as 11 28 the board determines is needed to perform its governance 11 29 responsibilities. The bill modifies procedures for the board's 11 30 general report to the governor and general assembly, including 11 31 changing the report from biennial to annual and striking a 11 32 requirement that the report include an itemized account of the 11 33 receipts and expenditures of the board. LSB 5971YH (4) 87 je/jh
