Iowa-2019-SSB3132-Introduced

S.F. _____ Section 1. Section 8.44, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. a. Upon receiving federal funds or any other funds from 3 any public or private sources except gifts or donations made 4 to institutions for the personal use or for the benefit of 5 members, patients, or inmates and receipts from the gift shop 6 of merchandise manufactured by members, patients, or inmates, 7 the state departments, agencies, boards, and institutions 8 receiving such funds shall submit a written report within 9 thirty days after receipt of the funds to the director of the 10 department of management. The report shall state the source of 11 the funds that supplement or replace state appropriations for 12 institutional operations, the amount received, and the terms 13 under which the funds are received. 14 b. Notwithstanding paragraph “a” , the state board of regents 15 shall submit the written report required under paragraph “a” on 16 a quarterly basis in the format specified by the director of 17 the department of management. 18 Sec. 2. Section 8D.9, subsection 2, paragraph a, unnumbered 19 paragraph 1, Code 2020, is amended to read as follows: 20 A private or public agency, other than an institution under 21 the control of the state board of regents, a private college 22 or university , or a nonpublic school, which certifies to the 23 commission pursuant to subsection 1 that the agency is a 24 part of or intends to become a part of the network shall use 25 the network for all video, data, and voice requirements of 26 the agency unless the private or public agency petitions the 27 commission for a waiver and one of the following applies: 28 Sec. 3. Section 8D.9, subsection 2, paragraphs b and c, Code 29 2020, are amended to read as follows: 30 b. A private or public agency, other than an institution 31 under the control of the state board of regents, a private 32 college or university , or a nonpublic school, shall petition 33 the commission for a waiver of the requirement to use the 34 network as provided in paragraph “a” , if the agency determines 35 -1- LSB 5535XC (9) 88 kh/jh 1/ 13

S.F. _____ that paragraph “a” , subparagraph (1) or (2) applies. The 1 commission shall establish by rule a review process for 2 determining, upon application of an authorized user, whether 3 paragraph “a” , subparagraph (1) or (2) applies. An authorized 4 user found by the commission to be under contract for such 5 services as provided in paragraph “a” , subparagraph (2), shall 6 not enter into another contract upon the expiration of such 7 contract, but shall utilize the network for such services as 8 provided in this section unless paragraph “a” , subparagraph 9 (1), applies. A waiver approved by the commission may be for 10 a period as requested by the private or public agency of up to 11 three years. 12 c. A An institution under the control of the state board 13 of regents, a private college or university , or a nonpublic 14 school which certifies to the commission pursuant to subsection 15 1 that the private college, university, or nonpublic school it 16 is a part of or intends to become a part of the network may 17 use the network for its video, data, or voice requirements 18 as determined by the regents institution, private college or 19 university , or nonpublic school. 20 Sec. 4. Section 21.5, subsection 1, paragraph l, Code 2020, 21 is amended to read as follows: 22 l. To discuss patient care quality and process improvement 23 initiatives in a meeting of a public hospital or to discuss 24 marketing and pricing strategies or similar proprietary 25 information in a meeting of a public hospital, where public 26 disclosure of such information would harm such a hospital’s 27 competitive position when no public purpose would be served 28 by public disclosure. The minutes and the audio recording of 29 a closed session under this paragraph shall be available for 30 public inspection when the public disclosure would no longer 31 harm the hospital’s competitive position. For purposes of 32 this paragraph, “public hospital” means a hospital licensed 33 pursuant to chapter 135B and governed pursuant to chapter 145A , 34 226 , 347 , 347A , or 392 , or a health care facility operated by 35 -2- LSB 5535XC (9) 88 kh/jh 2/ 13

S.F. _____ an institution governed by the state board of regents . This 1 paragraph does not apply to the information required to be 2 disclosed pursuant to section 347.13, subsection 11 , or to any 3 discussions relating to terms or conditions of employment, 4 including but not limited to compensation of an officer or 5 employee or group of officers or employees. 6 Sec. 5. Section 22.7, Code 2020, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 74. Proprietary intellectual property 9 owned or held under contractual agreements by the state board 10 of regents or by an institution of higher education under the 11 board’s control. 12 Sec. 6. Section 23A.2, subsection 10, paragraph k, 13 unnumbered paragraph 1, Code 2020, is amended to read as 14 follows: 15 The following on-campus activities of an institution or 16 school under the control of the state board of regents or a 17 school corporation: 18 Sec. 7. Section 23A.2, subsection 10, paragraph k, 19 subparagraphs (8) and (9), Code 2020, are amended to read as 20 follows: 21 (8) Services Health care and related services to patients 22 and visitors at by the university of Iowa hospitals and 23 clinics, except as specifically listed in subsection 2 , 24 paragraph “d” . 25 (9) Goods, products, or professional services which are 26 produced, created, or sold incidental to the schools’ teaching, 27 research, and extension missions provided to the public in 28 furtherance of the institution’s or school’s mission . 29 Sec. 8. Section 103.22, subsection 2, Code 2020, is amended 30 to read as follows: 31 2. Require employees of municipal utilities, electric 32 membership or cooperative associations, investor-owned 33 utilities, rural water associations or districts, railroads, 34 telecommunications companies, franchised cable television 35 -3- LSB 5535XC (9) 88 kh/jh 3/ 13

S.F. _____ operators, institutions under the control of the state board 1 of regents, farms, or commercial or industrial companies 2 performing manufacturing, installation, and repair work for 3 such employer to hold licenses while acting within the scope 4 of their employment. An employee of a farm does not include a 5 person who is employed for the primary purpose of installing 6 a new electrical installation. 7 Sec. 9. Section 135P.1, subsection 3, Code 2020, is amended 8 to read as follows: 9 3. “Health facility” means an institutional health facility 10 as defined in section 135.61 , hospice licensed under chapter 11 135J , home health agency as defined in section 144D.1 , assisted 12 living program certified under chapter 231C , clinic, or 13 community health center, or the university of Iowa hospitals 14 and clinics, and includes any corporation, professional 15 corporation, partnership, limited liability company, limited 16 liability partnership, or other entity comprised of such health 17 facilities. 18 Sec. 10. Section 135P.3, subsection 1, unnumbered paragraph 19 1, Code 2020, is amended to read as follows: 20 If an adverse health care incident occurs in a health 21 facility, the health care provider, the health care facility, 22 or the health care provider jointly with the health facility, 23 may provide the patient with written notice of the desire of 24 the health care provider, the health care facility, or of the 25 health care provider jointly with the health facility, to enter 26 into an open discussion under this chapter . A health care 27 facility may designate a person or class of persons who have 28 authority to provide such notice on behalf of the facility. 29 If the health care provider or health facility provides such 30 notice, such notice must be sent within one hundred eighty days 31 year after the date on which the health care provider knew, or 32 through the use of diligence should have known, of the adverse 33 health care incident. The notice must include all of the 34 following: 35 -4- LSB 5535XC (9) 88 kh/jh 4/ 13

S.F. _____ Sec. 11. Section 262.9, subsection 22, Code 2020, is amended 1 by striking the subsection. 2 Sec. 12. Section 262.9, subsection 36, paragraphs a and b, 3 Code 2020, are amended to read as follows: 4 a. A continuous improvement plan shall be developed and 5 implemented built upon the results of the institution’s student 6 outcomes assessment program using the following phase-in 7 timeline: . 8 (1) For each course with typical annual enrollment of 9 three hundred or more, whether in one or multiple sections, a 10 continuous improvement plan shall be developed and implemented 11 beginning in the fall semester of 2013. 12 (2) For each course with typical annual enrollment of two 13 hundred or more but less than three hundred, whether in one 14 or multiple sections, a continuous improvement plan shall be 15 developed and implemented beginning in the fall semester of 16 2014. 17 (3) For each course with a typical annual enrollment of 18 one hundred or more but less than two hundred, whether in one 19 or multiple sections, a continuous improvement plan shall be 20 developed and implemented beginning in the fall semester of 21 2015. 22 b. For each undergraduate course, the institution shall 23 collect and use the results of formative and summative 24 assessments in its continuous improvement plan. The board 25 shall annually evaluate the effectiveness of the plans student 26 outcomes assessment program and shall submit an executive 27 summary of its findings and recommendations in its annual 28 strategic plan progress report, a copy of which shall be 29 submitted to the general assembly. 30 Sec. 13. Section 262.9B, subsection 5, Code 2020, is amended 31 by striking the subsection. 32 Sec. 14. Section 262.14, subsection 3, Code 2020, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . f. Funds belonging to an institution 35 -5- LSB 5535XC (9) 88 kh/jh 5/ 13

S.F. _____ governed by the board may be invested in private enterprises 1 if such investment is made in furtherance of the institution’s 2 mission. 3 Sec. 15. Section 262.26, Code 2020, is amended to read as 4 follows: 5 262.26 Report of board. 6 The board shall , biennially, at the time provided by 7 law, report to the governor and the legislature such facts, 8 observations, and conclusions respecting each of such the 9 institutions under its control as in the judgment of the board 10 should be considered by the legislature. Such report shall 11 contain an itemized account of the receipts and expenditures 12 of the board, and also the reports made to the board by the 13 executive officers of the several institutions or a summary 14 thereof, and shall submit budgets for biennial appropriations 15 deemed necessary and proper to be made for the support of 16 the several institutions and for the extraordinary and 17 special expenditures for buildings, betterments, and other 18 improvements. 19 Sec. 16. Section 262.28, Code 2020, is amended to read as 20 follows: 21 262.28 Appropriations —— monthly installments —— transfers . 22 1. All appropriations made payable annually to each of the 23 institutions under the control of the board of regents shall be 24 paid in twelve equal monthly installments on the last day of 25 each month on order of said board. 26 2. In lieu of the consent and notification requirements of 27 section 8.39 , the board may transfer moneys appropriated for 28 the purposes of the southwest Iowa regents resource center, the 29 northwest Iowa regents resource center, and the quad-cities 30 graduate studies center between such centers if the board 31 notifies, in writing, the general assembly and the legislative 32 services agency of the amount, the date, and the purpose of the 33 transfer. 34 Sec. 17. NEW SECTION . 262B.4 General powers —— ownership or 35 -6- LSB 5535XC (9) 88 kh/jh 6/ 13

S.F. _____ equity interests. 1 Any institution under the control of the state board of 2 regents may use its retained earnings, or the retained earnings 3 of an affiliated entity, to acquire, hold, and dispose of 4 ownership or equity interests in entities that arise from 5 research and development efforts conducted at such institution 6 in accordance with this chapter. 7 Sec. 18. Section 263.12, Code 2020, is amended to read as 8 follows: 9 263.12 Payment by counties. 10 The provisions of sections 270.4 to and 270.8 , inclusive, 11 are hereby made applicable to the university of Iowa hospitals 12 and clinics’ center for disabilities and development. 13 Sec. 19. Section 263.17, subsection 4, Code 2020, is amended 14 to read as follows: 15 4. An advisory committee consisting of one representative 16 of each of the organizations enumerated in subsection 2 , 17 paragraph “a” , is established. The advisory committee shall : 18 a. Employ employ , as a state employee, a full-time 19 director to operate the center. The director shall coordinate 20 the efforts of the heads of each of the major divisions of 21 laboratory analysis, epidemiology and biostatistics, biomedical 22 assays, and exposure modeling and shall also coordinate the 23 efforts of professional and support staff in the operation of 24 the center. 25 b. Submit an annual report of the activities of the center 26 to the legislative council of the general assembly by January 27 15 of each year. 28 Sec. 20. Section 266.39E, subsection 3, Code 2020, is 29 amended by striking the subsection. 30 Sec. 21. Section 269.2, Code 2020, is amended to read as 31 follows: 32 269.2 Expenses —— residence of indigents. 33 The provisions of sections 270.4 to and 270.8 , inclusive, 34 are hereby made applicable to the Iowa braille and sight saving 35 -7- LSB 5535XC (9) 88 kh/jh 7/ 13

S.F. _____ school. 1 Sec. 22. Section 270.3, Code 2020, is amended to read as 2 follows: 3 270.3 Admission. 4 Any resident of the state less than twenty-one years of 5 age , who has a hearing loss which is too severe to acquire 6 an education in the public schools is eligible to attend the 7 school for the deaf. Nonresidents similarly situated may be 8 admitted to an education therein upon such terms as may be 9 fixed by the state board of regents. The fee for nonresidents 10 shall be not less than the average expense of resident pupils 11 and shall be paid in advance set by the state board of regents . 12 Sec. 23. Section 270.4, Code 2020, is amended to read as 13 follows: 14 270.4 Clothing , and prescriptions , and transportation . 15 The superintendent shall provide students, who would 16 otherwise be without, with clothing , or prescription refills, 17 or transportation, and shall bill the student’s parent or 18 guardian, if the student is a minor, or the student if the 19 student has attained the age of majority, for any clothing , or 20 prescription refills , or transportation provided. The bill 21 shall be presumptive evidence in all courts. 22 Sec. 24. Section 282.18, subsections 16 and 17, Code 2020, 23 are amended by striking the subsections. 24 Sec. 25. Section 331.502, subsection 15, Code 2020, is 25 amended by striking the subsection. 26 Sec. 26. 2019 Iowa Acts, chapter 135, section 9, subsection 27 1, paragraph a, unnumbered paragraph 2, is amended to read as 28 follows: 29 The For the fiscal year beginning July 1, 2019, and ending 30 June 30, 2020, the state board of regents shall submit a 31 monthly quarterly financial report to the general assembly and 32 the legislative services agency in a format agreed upon by the 33 state board of regents office and the legislative services 34 agency. The report submitted in for the quarter ending 35 -8- LSB 5535XC (9) 88 kh/jh 8/ 13

S.F. _____ December 31, 2019 , shall include the five-year graduation rates 1 for the regents universities. 2 Sec. 27. REPEAL. Chapter 256G, Code 2020, is repealed. 3 Sec. 28. REPEAL. Sections 262.24, 262.25, 267A.7, 270.5, 4 270.6, and 270.7, Code 2020, are repealed. 5 Sec. 29. RETROACTIVE APPLICABILITY. The following applies 6 retroactively to July 1, 2019: 7 The section of this Act amending 2019 Iowa Acts, chapter 135, 8 section 9, subsection 1, paragraph “a”, unnumbered paragraph 2. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to matters involving the state board 13 of regents and the institutions it governs, specifically to 14 Iowa communications network waivers, exemptions under the 15 open meetings and open records laws, competition with private 16 enterprise, licensure requirements for certain employees, 17 adverse health care incident notification, continuous 18 improvement plan requirements, regents resource centers, 19 ownership or equity interests, the commercialization of 20 research, investments, special schools, the research and 21 development school, and reporting requirements. 22 USE OF IOWA TELECOMMUNICATIONS NETWORK (ICN) WAIVER. Code 23 section 8D.9 is amended to exempt regents institutions from a 24 requirement that they certify to the telecommunications and 25 technology commission that they are or intend to be part of 26 the network, and to use the network for all video, data, and 27 voice requirements unless they petition the commission for 28 a waiver; and from a provision requiring such institutions 29 to petition the commission for a waiver. The bill allows a 30 regents institution to become part of and use the ICN for its 31 requirements as determined by the regents institution. 32 CLOSED MEETINGS —— REGENTS HEALTH CARE FACILITIES. Code 33 section 21.5(1)(1) is amended to include any health care 34 facility operated by a regents institution under the definition 35 -9- LSB 5535XC (9) 88 kh/jh 9/ 13

S.F. _____ of public hospital. The provision allows a governmental 1 body to hold a closed session, following a public vote, in 2 order to discuss patient care quality and process improvement 3 initiatives or to discuss marketing and pricing strategies 4 or similar proprietary information in a meeting of a public 5 hospital. 6 CONFIDENTIAL RECORDS. The bill adds a new provision to Code 7 section 22.7 to permit a public record to be kept confidential 8 if the record is proprietary intellectual property owned or 9 held under contractual agreements by the state board of regents 10 or a regents university. 11 STATE AGENCIES AND POLITICAL SUBDIVISIONS —— COMPETITION 12 WITH PRIVATE ENTERPRISE. Code section 23A.2(10)(k) is amended 13 to provide that the activities of a regents institution or a 14 school corporation are exempt from the provisions prohibiting 15 competition with private enterprise whether the activities take 16 place on or off campus; and the activities include health care 17 and related services to patients and visitors by the university 18 of Iowa, and goods, products, or professional services 19 provided to the public in furtherance of the institution’s or 20 school’s mission. Current law exempts services provided at the 21 university, and requires that the goods, products, and services 22 be incidental to the school’s teaching, research, and extension 23 missions. 24 LICENSURE —— ELECTRICIANS EMPLOYED BY REGENTS INSTITUTIONS. 25 Code section 103.22(2) is amended to exempt electricians 26 employed by regents institutions from the electricians and 27 electrical contractor licensure requirements of Code chapter 28 103. 29 ADVERSE HEALTH CARE INCIDENTS —— NOTIFICATION. Code chapter 30 135P provides a process by which a health care provider, or a 31 health care provider with a health facility, may confidentially 32 discuss an adverse health care incident with a patient. The 33 bill includes the university of Iowa hospitals and clinics in 34 the definition of health facility and extends from 180 days to 35 -10- LSB 5535XC (9) 88 kh/jh 10/ 13

S.F. _____ one year the time within which the notice of an offer to engage 1 in an open discussion must be sent to the patient. The bill 2 also provides that if an adverse health care incident occurs, 3 the facility may on its own provide such notice, and that a 4 facility may designate a person or class of persons to provide 5 the patient with written notice of the desire of the facility 6 to open discussion with the patient. 7 CONTINUOUS IMPROVEMENT —— REGENTS UNIVERSITIES. Code 8 section 262.9(36) is amended to eliminate obsolete language 9 and to require that the board annually evaluate the student 10 outcomes assessment program rather than the effectiveness of 11 the plans. 12 INVESTMENTS BY REGENTS INSTITUTIONS. Code section 262.14(3) 13 is amended to permit funds belonging to a regents institution 14 to be invested in private enterprises if such investment is 15 done in furtherance of the institution’s mission. 16 REGENTS RESOURCE CENTERS. The bill strikes a provision, 17 Code section 262.9(22), that requires the board to assist a 18 nonprofit organization located in Sioux City in the creation of 19 a northwest Iowa regents resource center. Code section 262.28 20 is amended to eliminate references to the regents resource 21 centers and to their ability to transfer moneys between 22 centers. 23 OWNERSHIP OR EQUITY INTERESTS. The bill creates new Code 24 section 262B.4 to authorize any regents institution to use its 25 retained earnings, or the retained earnings of an affiliated 26 entity, to acquire, hold, and dispose of ownership or equity 27 interests in entities that arise from research and development 28 efforts conducted at such institution in accordance with Code 29 chapter 262B. 30 SPECIAL SCHOOLS —— FEES AND PAYMENTS. Code section 270.3 31 is amended to direct the state board of regents to set the 32 admission fees for nonresident students of the school for the 33 deaf. The bill also eliminates a provision that requires the 34 fees to be paid in advance. Currently, the fee is not less than 35 -11- LSB 5535XC (9) 88 kh/jh 11/ 13

S.F. _____ the average expense of resident pupils. Code section 270.4 1 is amended to eliminate reference to transportation costs for 2 students enrolled in the school for the deaf. These provisions 3 also apply to the braille and sight saving school. The bill 4 makes conforming changes. 5 REPORTS. Code section 8.44 requires state departments, 6 agencies, boards, and institutions receiving federal funds or 7 any other funds from any public or private sources to submit a 8 written report within 30 days after receipt of the funds to the 9 director of the department of management. The bill requires 10 the state board of regents to submit the written report on a 11 quarterly basis in the format specified by the director of the 12 department of management. 13 Code section 262.26 is amended to eliminate a requirement 14 that the state board of regents submit its report to the 15 governor and the legislature biennially, regarding the 16 facts, observations, and conclusions respecting each of 17 its institutions as in the judgment of the board should be 18 considered by the legislature. 19 2019 Iowa Acts, chapter 135, section 9, subsection 1, 20 paragraph “a”, subparagraph (2), is amended to require that the 21 financial report the state board of regents must submit to the 22 general assembly and the legislative services agency monthly 23 shall instead be submitted quarterly. 24 The bill eliminates reports as follows: Code section 25 262.9B(5) (cooperative purchasing plan and results of quarterly 26 interagency meetings report to the general assembly and the 27 governor), Code section 262.24 (executive officers’ reports to 28 the state board of regents), Code section 262.25 (secretarial 29 officers’ report to the state board of regents), Code section 30 263.17(4)(b) (center for health effects of environmental 31 contamination advisory committee report to the legislative 32 council of the general assembly), Code section 266.39E(3) 33 (beginning farmer center report to the general assembly), and 34 Code section 267A.7 (local food and farm program coordinator’s 35 -12- LSB 5535XC (9) 88 kh/jh 12/ 13

S.F. _____ report to the governor and general assembly). 1 REPEALS. The bill repeals several Code provisions. 2 The bill repeals Code section 270.5, which requires the 3 superintendent of the school for the deaf to certify to the 4 director of the department of administrative services the 5 amounts due from counties. The provision requires the director 6 to credit the amounts due to the general fund of the state, 7 and to charge the amount to the proper county. The bill makes 8 conforming changes. 9 The bill repeals Code sections 270.6 and 270.7, which 10 require the superintendent of the school for the deaf to send 11 a duplicate copy of the certification to the affected county 12 auditors, who shall collect and pay the amounts due into the 13 county treasury; and require the county auditor to pass it 14 to the credit of the state, and issue a notice to the county 15 treasurer authorizing transfer of the amount to the general 16 state revenue. Code section 270.7 also provides a penalty 17 against counties that fail to pay the amounts due. The bill 18 makes a conforming change. 19 The bill repeals Code chapter 256G, which provides 20 legislative intent, and requires the university of northern 21 Iowa and the Cedar Falls school district to develop a student 22 transfer policy for the research and development school, makes 23 the board of regents the governing entity of the research and 24 development school, makes the department of education the 25 accreditation agency for the school, and creates an advisory 26 council. The bill makes conforming changes. 27 -13- LSB 5535XC (9) 88 kh/jh 13/ 13