Bill Text: IA SF2284 | 2019-2020 | 88th General Assembly | Enrolled

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Bill Title: A bill for an act relating to matters involving the state board of regents and the institutions the state board of regents governs, and including retroactive applicability provisions. (Formerly SSB 3132.) Effective date: 07/01/2020. Applicability date: 07/01/2019.

Spectrum: Committee Bill

Status: (Passed) 2020-06-17 - Signed by Governor. S.J. 863. [SF2284 Detail]

Download: Iowa-2019-SF2284-Enrolled.html

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Senate File 2284 - Enrolled
Senate File 2284
AN ACT
RELATING TO MATTERS INVOLVING THE STATE BOARD OF REGENTS AND
THE INSTITUTIONS THE STATE BOARD OF REGENTS GOVERNS, AND
INCLUDING RETROACTIVE APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 8.44, subsection 1, Code 2020, is amended
to read as follows:
1. a. Upon receiving federal funds or any other funds from
any public or private sources except gifts or donations made
to institutions for the personal use or for the benefit of
members, patients, or inmates and receipts from the gift shop
of merchandise manufactured by members, patients, or inmates,
the state departments, agencies, boards, and institutions
receiving such funds shall submit a written report within
thirty days after receipt of the funds to the director of the
department of management. The report shall state the source of
the funds that supplement or replace state appropriations for
institutional operations, the amount received, and the terms
under which the funds are received.
b. Notwithstanding paragraph “a” , the state board of regents
shall submit the written report required under paragraph “a” on
a quarterly basis in the format specified by the director of
the department of management.
Sec. 2. Section 8D.9, subsection 2, paragraph a, unnumbered
paragraph 1, Code 2020, is amended to read as follows:
A private or public agency, other than an institution under

Senate File 2284, p. 2
the control of the state board of regents, a private college
or university , or a nonpublic school, which certifies to the
commission pursuant to subsection 1 that the agency is a
part of or intends to become a part of the network shall use
the network for all video, data, and voice requirements of
the agency unless the private or public agency petitions the
commission for a waiver and one of the following applies:
Sec. 3. Section 8D.9, subsection 2, paragraphs b and c, Code
2020, are amended to read as follows:
b. A private or public agency, other than an institution
under the control of the state board of regents, a private
college or university , or a nonpublic school, shall petition
the commission for a waiver of the requirement to use the
network as provided in paragraph “a” , if the agency determines
that paragraph “a” , subparagraph (1) or (2) applies. The
commission shall establish by rule a review process for
determining, upon application of an authorized user, whether
paragraph “a” , subparagraph (1) or (2) applies. An authorized
user found by the commission to be under contract for such
services as provided in paragraph “a” , subparagraph (2), shall
not enter into another contract upon the expiration of such
contract, but shall utilize the network for such services as
provided in this section unless paragraph “a” , subparagraph
(1), applies. A waiver approved by the commission may be for
a period as requested by the private or public agency of up to
three years.
c. A An institution under the control of the state board
of regents, a private college or university , or a nonpublic
school which certifies to the commission pursuant to subsection
1 that the private college, university, or nonpublic school it
is a part of or intends to become a part of the network may
use the network for its video, data, or voice requirements
as determined by the regents institution, private college or
university , or nonpublic school.
Sec. 4. Section 21.5, subsection 1, paragraph l, Code 2020,
is amended to read as follows:
l. To discuss patient care quality and process improvement
initiatives in a meeting of a public hospital or to discuss
marketing and pricing strategies or similar proprietary

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information in a meeting of a public hospital, where public
disclosure of such information would harm such a hospital’s
competitive position when no public purpose would be served
by public disclosure. The minutes and the audio recording of
a closed session under this paragraph shall be available for
public inspection when the public disclosure would no longer
harm the hospital’s competitive position. For purposes of
this paragraph, “public hospital” means a hospital licensed
pursuant to chapter 135B and governed pursuant to chapter 145A ,
226 , 347 , 347A , or 392 , or a health care facility operated by
an institution governed by the state board of regents . This
paragraph does not apply to the information required to be
disclosed pursuant to section 347.13, subsection 11 , or to any
discussions relating to terms or conditions of employment,
including but not limited to compensation of an officer or
employee or group of officers or employees.
Sec. 5. Section 23A.2, subsection 10, paragraph k,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
The following on-campus activities of an institution or
school under the control of the state board of regents or a
school corporation:
Sec. 6. Section 23A.2, subsection 10, paragraph k,
subparagraphs (8) and (9), Code 2020, are amended to read as
follows:
(8) Services Health care and related services to patients
and visitors at by the university of Iowa hospitals and
clinics, except as specifically listed in subsection 2 ,
paragraph “d” .
(9) Goods, products, or professional services which are
produced, created, or sold incidental to the schools’ teaching,
research, and extension missions provided to the public in
furtherance of the institution’s or school’s mission .
Sec. 7. Section 135P.1, subsection 3, Code 2020, is amended
to read as follows:
3. “Health facility” means an institutional health facility
as defined in section 135.61 , hospice licensed under chapter
135J , home health agency as defined in section 144D.1 , assisted
living program certified under chapter 231C , clinic, or

Senate File 2284, p. 4
community health center, or the university of Iowa hospitals
and clinics, and includes any corporation, professional
corporation, partnership, limited liability company, limited
liability partnership, or other entity comprised of such health
facilities.
Sec. 8. Section 135P.3, subsection 1, unnumbered paragraph
1, Code 2020, is amended to read as follows:
If an adverse health care incident occurs in a health
facility, the health care provider, the health care facility,
or the health care provider jointly with the health facility,
may provide the patient with written notice of the desire of
the health care provider, the health care facility, or of the
health care provider jointly with the health facility, to enter
into an open discussion under this chapter . A health care
facility may designate a person or class of persons who have
authority to provide such notice on behalf of the facility.
If the health care provider or health facility provides such
notice, such notice must be sent within one hundred eighty days
year after the date on which the health care provider knew, or
through the use of diligence should have known, of the adverse
health care incident. The notice must include all of the
following:
Sec. 9. Section 262.9, subsection 22, Code 2020, is amended
by striking the subsection.
Sec. 10. Section 262.9, subsection 36, Code 2020, is amended
to read as follows:
36. Implement continuous improvement in every undergraduate
program programs offered by an institution of higher education
governed by the board.
a. A continuous improvement plan shall be developed and
implemented built upon the results of the institution’s student
outcomes assessment program using the following phase-in
timeline:
(1) For each course with typical annual enrollment of
three hundred or more, whether in one or multiple sections, a
continuous improvement plan shall be developed and implemented
beginning in the fall semester of 2013.
(2) For each course with typical annual enrollment of two
hundred or more but less than three hundred, whether in one

Senate File 2284, p. 5
or multiple sections, a continuous improvement plan shall be
developed and implemented beginning in the fall semester of
2014.
(3) For each course with a typical annual enrollment of
one hundred or more but less than two hundred, whether in one
or multiple sections, a continuous improvement plan shall be
developed and implemented beginning in the fall semester of
2015.
b. For each undergraduate course, the institution shall
collect and use the results of formative and summative
assessments in its continuous improvement plan. for courses
with typical annual enrollments of one hundred or more
students, whether in one or multiple sections. In developing
and implementing the continuous improvement plan for each
course, the instructor or instructors for such a course shall
each year evaluate the results of the instructors’ students’
performances in comparison with established course goals and
shall formulate recommendations for future goals and methods to
achieve improved student performance. The board shall annually
evaluate the effectiveness of the plans and shall submit an
executive summary of its findings and recommendations in its
annual strategic plan progress report, a copy of which shall be
submitted to the general assembly.
Sec. 11. Section 262.9B, subsection 5, Code 2020, is amended
by striking the subsection.
Sec. 12. Section 262.14, subsection 3, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . f. Funds belonging to an institution
governed by the board may be invested in private enterprises
if such investment is made in furtherance of the institution’s
mission. The board shall annually, on or before November 1,
submit a report to the general assembly providing information
regarding how the board invested any funds in accordance with
this paragraph, including the amount invested, how long the
board has invested such funds, and the percentage of equity in
each private enterprise held by the board.
Sec. 13. Section 262.26, Code 2020, is amended to read as
follows:
262.26 Report of board.

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The board shall , biennially, at the time provided by
law, report to the governor and the legislature such facts,
observations, and conclusions respecting each of such the
institutions under its control as in the judgment of the board
should be considered by the legislature. Such report shall
contain an itemized account of the receipts and expenditures
of the board, and also the reports made to the board by the
executive officers of the several institutions or a summary
thereof, and shall submit budgets for biennial appropriations
deemed necessary and proper to be made for the support of
the several institutions and for the extraordinary and
special expenditures for buildings, betterments, and other
improvements.
Sec. 14. Section 262.28, Code 2020, is amended to read as
follows:
262.28 Appropriations —— monthly installments —— transfers .
1. All appropriations made payable annually to each of the
institutions under the control of the board of regents shall be
paid in twelve equal monthly installments on the last day of
each month on order of said board.
2. In lieu of the consent and notification requirements of
section 8.39 , the board may transfer moneys appropriated for
the purposes of the southwest Iowa regents resource center, the
northwest Iowa regents resource center, and the quad-cities
graduate studies center between such centers if the board
notifies, in writing, the general assembly and the legislative
services agency of the amount, the date, and the purpose of the
transfer.
Sec. 15. Section 263.12, Code 2020, is amended to read as
follows:
263.12 Payment by counties.
The provisions of sections 270.4 to and 270.8 , inclusive,
are hereby made applicable to the university of Iowa hospitals
and clinics’ center for disabilities and development.
Sec. 16. Section 263.17, subsection 4, Code 2020, is amended
to read as follows:
4. An advisory committee consisting of one representative
of each of the organizations enumerated in subsection 2 ,
paragraph “a” , is established. The advisory committee shall :

Senate File 2284, p. 7
a. Employ employ , as a state employee, a full-time
director to operate the center. The director shall coordinate
the efforts of the heads of each of the major divisions of
laboratory analysis, epidemiology and biostatistics, biomedical
assays, and exposure modeling and shall also coordinate the
efforts of professional and support staff in the operation of
the center.
b. Submit an annual report of the activities of the center
to the legislative council of the general assembly by January
15 of each year.
Sec. 17. Section 266.39E, subsection 3, Code 2020, is
amended by striking the subsection.
Sec. 18. Section 269.2, Code 2020, is amended to read as
follows:
269.2 Expenses —— residence of indigents.
The provisions of sections 270.4 to and 270.8 , inclusive,
are hereby made applicable to the Iowa braille and sight saving
school.
Sec. 19. Section 270.3, Code 2020, is amended to read as
follows:
270.3 Admission.
Any resident of the state less than twenty-one years of
age , who has a hearing loss which is too severe to acquire
an education in the public schools is eligible to attend the
school for the deaf. Nonresidents similarly situated may be
admitted to an education therein upon such terms as may be
fixed by the state board of regents. The fee for nonresidents
shall be not less than the average expense of resident pupils
and shall be paid in advance set by the state board of regents .
Sec. 20. Section 270.4, Code 2020, is amended to read as
follows:
270.4 Clothing , and prescriptions , and transportation .
The superintendent shall provide students, who would
otherwise be without, with clothing , or prescription refills,
or transportation, and shall bill the student’s parent or
guardian, if the student is a minor, or the student if the
student has attained the age of majority, for any clothing , or
prescription refills , or transportation provided. The bill
shall be presumptive evidence in all courts.

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Sec. 21. Section 282.18, subsections 16 and 17, Code 2020,
are amended by striking the subsections.
Sec. 22. Section 331.502, subsection 15, Code 2020, is
amended by striking the subsection.
Sec. 23. 2019 Iowa Acts, chapter 135, section 9, subsection
1, paragraph a, unnumbered paragraph 2, is amended to read as
follows:
The For the fiscal year beginning July 1, 2019, and ending
June 30, 2020, the state board of regents shall submit a
monthly quarterly financial report to the general assembly and
the legislative services agency in a format agreed upon by the
state board of regents office and the legislative services
agency. The report submitted in for the quarter ending
December 31, 2019 , shall include the five-year graduation rates
for the regents universities.
Sec. 24. REPEAL. Chapter 256G, Code 2020, is repealed.
Sec. 25. REPEAL. Sections 262.24, 262.25, 267A.7, 270.5,
270.6, and 270.7, Code 2020, are repealed.
Sec. 26. RETROACTIVE APPLICABILITY. The following applies
retroactively to July 1, 2019:
The section of this Act amending 2019 Iowa Acts, chapter 135,
section 9, subsection 1, paragraph “a”, unnumbered paragraph 2.
______________________________ ______________________________
CHARLES SCHNEIDER PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2284, Eighty-eighth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2020 ______________________________
KIM REYNOLDS
Governor