Bill Summary – FastDemocracy

Senate File 2263 - Reprinted
                                  SENATE FILE 2263
                                  BY COMMITTEE ON STATE
                                      GOVERNMENT
                                  (SUCCESSOR TO SSB 3075)
  (As Amended and Passed by the Senate March 8, 2022)
                            A BILL FOR
An Act relating to the confirmation by the senate of certain
  appointees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. NEW SECTION. 2.32B Confirmations of appointment
 —— requests.
    1. A member of the senate may request that an appointment
 made by the governor or an appointing authority other than the
 governor that is not otherwise subject to senate confirmation
 pursuant to section 2.32 be subject to such confirmation as
 provided in that section.
    2. A request under this section shall be signed by at
 least twenty-six senators and shall be submitted to the office
 of the president of the senate within sixty days following
 the appointment. The request shall be accompanied by an
 explanation as to why senate confirmation is sought, and shall
 be printed in the journal of the senate and included in the
 materials submitted pursuant to section 2.32, subsection 3.
    3. The secretary of the senate shall notify the office of
 the governor or the appointing authority, as applicable, within
 two days of receipt of a request under this section.
    4. An appointee subject to confirmation pursuant to this
 section shall be confirmed as provided in section 2.32, and
 shall be considered a nominee to fill a vacancy occurring on
 the date a request is submitted pursuant to this section.
    5. An appointee who is the subject of a request pursuant
 to this section shall remain in the appointed position as a
 temporary or interim appointee until confirmed pursuant to
 section 2.32, withdrawn from consideration by the governor
 or appointing authority, or otherwise terminated from the
 position.
    6. The senate may adopt rules for the implementation of this
 section.
    Sec. 2. Section 16.2C, subsection 3, Code 2022, is amended
 to read as follows:
    3. The agricultural development board consists of five
 members appointed by the governor subject to confirmation by
 the senate. The executive director of the authority or the
 executive director’s designee shall serve as an ex officio,
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 nonvoting member.
    Sec. 3. Section 23.3, subsection 1, Code 2022, is amended
 to read as follows:
    1. An Iowa public information board is created consisting of
 nine members appointed by the governor, subject to confirmation
 by the senate. No more than three members appointed shall be
 representatives from the media including newspapers and no
 more than three members appointed shall be representatives
 of cities, counties, and other political subdivisions of the
 state.
    Sec. 4. Section 35A.2, subsection 1, Code 2022, is amended
 to read as follows:
    1. A commission of veterans affairs is created consisting of
 eleven persons who shall be appointed by the governor, subject
 to confirmation by the senate. Members shall be appointed to
 staggered terms of four years beginning and ending as provided
 in section 69.19. The governor shall fill a vacancy for the
 unexpired portion of the term. In addition to the members
 appointed by the governor, the director of the department
 and the commandant of the Iowa veterans home shall serve as
 nonvoting, ex officio members of the commission.
    Sec. 5. Section 80B.6, subsection 1, unnumbered paragraph
 1, Code 2022, is amended to read as follows:
    An Iowa law enforcement academy council is created
 consisting of the following thirteen voting members appointed
 by the governor, subject to confirmation by the senate, to
 terms of four years commencing as provided in section 69.19:
    Sec. 6. Section 80E.2, subsection 2, Code 2022, is amended
 to read as follows:
    2. The prosecuting attorney, licensed substance abuse
 treatment specialist, certified substance abuse prevention
 specialist, substance abuse treatment program director,
 member representing the Iowa peace officers association,
 member representing the Iowa state police association, and the
 member representing the Iowa state sheriffs’ and deputies’
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 association shall be appointed by the governor, subject to
 senate confirmation, for four-year terms beginning and ending
 as provided in section 69.19. A vacancy on the council shall
 be filled for the unexpired term in the same manner as the
 original appointment was made.
    Sec. 7. Section 142A.3, subsection 3, paragraph a,
 unnumbered paragraph 1, Code 2022, is amended to read as
 follows:
    Members, at least one of whom is a member of a racial
 minority, to be appointed by the governor, subject to
 confirmation by the senate pursuant to sections 2.32 and 69.19,
 and consisting of the following:
    Sec. 8. Section 216A.12, subsection 1, Code 2022, is amended
 to read as follows:
    1. The commission of Latino affairs consists of seven
 members, appointed by the governor, and subject to confirmation
 by the senate pursuant to section 2.32. Commission members
 shall be appointed in compliance with sections 69.16 and
 69.16A. Commission members shall reside in the state.
    Sec. 9. Section 216A.53, subsection 1, Code 2022, is amended
 to read as follows:
    1. The commission on the status of women is established and
 shall consist of seven voting members who shall be appointed by
 the governor, subject to confirmation by the senate pursuant
 to section 2.32, and shall represent a cross section of the
 citizens of the state. All members shall reside in the state.
    Sec. 10. Section 216A.74, subsection 1, Code 2022, is
 amended to read as follows:
    1. The commission of persons with disabilities is
 established and shall consist of seven voting members appointed
 by the governor, subject to confirmation by the senate pursuant
 to section 2.32. A majority of the commission shall be persons
 with disabilities. All members shall reside in the state.
    Sec. 11. Section 216A.92A, subsection 1, unnumbered
 paragraph 1, Code 2022, is amended to read as follows:
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    The commission on community action agencies is created,
 composed of nine members appointed by the governor, subject to
 confirmation by the senate. The membership of the commission
 shall reflect the composition of local community action agency
 boards as follows:
    Sec. 12. Section 216A.113, subsection 1, Code 2022, is
 amended to read as follows:
    1. The commission of deaf services is established, and shall
 consist of seven voting members appointed by the governor,
 subject to confirmation by the senate pursuant to section
 2.32. Membership of the commission shall include at least four
 members who are deaf and at least one member who is hard of
 hearing. All members shall reside in Iowa.
    Sec. 13. Section 216A.132, subsection 1, paragraph a,
 unnumbered paragraph 1, Code 2022, is amended to read as
 follows:
    The governor shall appoint nine voting members each for
 a four-year term beginning and ending as provided in section
 69.19 and subject to confirmation by the senate as follows:
    Sec. 14. Section 216A.142, subsection 1, Code 2022, is
 amended to read as follows:
    1. The commission on the status of African Americans is
 established and shall consist of seven members appointed by
 the governor, subject to confirmation by the senate. All
 members shall reside in Iowa. At least five members shall be
 individuals who are African American.
    Sec. 15. Section 216A.152, subsection 1, Code 2022, is
 amended to read as follows:
    1. The commission of Asian and Pacific Islander affairs is
 established and shall consist of seven members appointed by the
 governor, subject to confirmation by the senate. Members shall
 be appointed representing every geographical area of the state
 and ethnic groups of Asian and Pacific Islander heritage. All
 members shall reside in Iowa.
    Sec. 16. Section 216A.162, subsection 1, Code 2022, is
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 amended to read as follows:
    1. A commission of Native American affairs is established
 consisting of eleven voting members appointed by the governor,
 subject to confirmation by the senate.
    Sec. 17. Section 216B.2, subsection 1, Code 2022, is amended
 to read as follows:
    1. The commission for the blind is established consisting
 of three members appointed by the governor, subject to
 confirmation by the senate. Members of the commission shall
 serve three-year terms beginning and ending as provided in
 section 69.19. The members of the commission shall appoint
 officers for the commission. A majority of the members of the
 commission shall constitute a quorum.
    Sec. 18. Section 217.2, subsection 1, paragraph a, Code
 2022, is amended to read as follows:
    a. There is created within the department of human services
 a council on human services which shall act in a policymaking
 and advisory capacity on matters within the jurisdiction of
 the department. The council shall consist of seven voting
 members appointed by the governor subject to confirmation
 by the senate. Appointments shall be made on the basis of
 interest in public affairs, good judgment, and knowledge and
 ability in the field of human services. Appointments shall
 be made to provide a diversity of interest and point of view
 in the membership and without regard to religious opinions or
 affiliations. The voting members of the council shall serve
 for six-year staggered terms.
    Sec. 19. Section 225C.5, subsection 1, unnumbered paragraph
 1, Code 2022, is amended to read as follows:
    A mental health and disability services commission is
 created as the state policy-making body for the provision
 of services to persons with mental illness, an intellectual
 disability, other developmental disabilities, or brain
 injury. The commission’s voting members shall be appointed
 to three-year staggered terms by the governor and are subject
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 to confirmation by the senate. Commission members shall be
 appointed on the basis of interest and experience in the fields
 of mental health, intellectual disability, other developmental
 disabilities, and brain injury, in a manner so as to ensure
 adequate representation from persons with disabilities and
 individuals knowledgeable concerning disability services. The
 department shall provide staff support to the commission, and
 the commission may utilize staff support and other assistance
 provided to the commission by other persons. The commission
 shall meet at least four times per year. The membership of the
 commission shall consist of the following persons who, at the
 time of appointment to the commission, are active members of
 the indicated groups:
    Sec. 20. Section 225C.51, subsection 2, Code 2022, is
 amended to read as follows:
    2. Members appointed by the governor shall serve four-year
 staggered terms and are subject to confirmation by the senate.
 The four-year terms shall begin and end as provided in section
 69.19. Vacancies on the state board shall be filled as
 provided in section 2.32. A member shall not be appointed for
 more than two consecutive four-year terms.
    Sec. 21. Section 231.11, Code 2022, is amended to read as
 follows:
    231.11 Commission established.
    The commission on aging is established which shall consist
 of eleven members. One member each shall be appointed by the
 president of the senate, after consultation with the majority
 leader of the senate, and by the minority leader of the
 senate, from the members of the senate to serve as ex officio,
 nonvoting members. One member each shall be appointed by the
 speaker of the house of representatives and by the minority
 leader of the house of representatives, from the members of
 the house of representatives to serve as ex officio, nonvoting
 members. Seven members shall be appointed by the governor
 subject to confirmation by the senate. Not more than a simple
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 majority of the governor’s appointees shall belong to the same
 political party. At least four of the seven members appointed
 by the governor shall be fifty-five years of age or older when
 appointed.
    Sec. 22. Section 237.16, subsection 1, Code 2022, is amended
 to read as follows:
    1. The child advocacy board is created within the department
 of inspections and appeals. The state board consists of nine
 members appointed by the governor, subject to confirmation
 by the senate and directly responsible to the governor. One
 member shall be an active court appointed special advocate
 volunteer, one member shall be an active member of a local
 citizen foster care review board, and one member shall be a
 judicial branch employee or judicial officer appointed from
 nominees submitted by the judicial branch. The appointment is
 for a term of four years that begins and ends as provided in
 section 69.19. Vacancies on the state board shall be filled in
 the same manner as original appointments are made.
    Sec. 23. Section 256.35A, subsection 2, paragraph a,
 unnumbered paragraph 1, Code 2022, is amended to read as
 follows:
    The council shall consist of thirteen voting members
 appointed by the governor and confirmed by the senate. The
 majority of the voting members shall be individuals with autism
 or members of their families. Additionally, each of the
 following shall be represented among the voting members:
    Sec. 24. Section 256I.3, subsection 2, paragraph a, Code
 2022, is amended to read as follows:
    a. The board shall consist of twenty-one voting members
 with fifteen citizen members and six state agency members.
 The six state agency members shall be the directors or their
 designees of the following agencies: economic development
 authority, education, human rights, human services, public
 health, and workforce development. The designees of state
 agency directors shall be selected on an annual basis. The
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 citizen members shall be appointed by the governor, subject to
 confirmation by the senate. The governor’s appointments of
 citizen members shall be made in a manner so that each of the
 state’s congressional districts is represented by at least two
 citizen members and so that all the appointments as a whole
 reflect the ethnic, cultural, social, and economic diversity of
 the state. A member of the state board shall not be a provider
 of services or other entity receiving funding through the early
 childhood Iowa initiative or be employed by such a provider or
 other entity.
    Sec. 25. Section 257.30, subsection 1, Code 2022, is amended
 to read as follows:
    1. A school budget review committee is established in
 the department of education and consists of the director
 of the department of education in an ex officio, nonvoting
 capacity, the director of the department of management, and
 four members who are knowledgeable in the areas of Iowa school
 finance or public finance issues appointed by the governor
 to represent the public. At least one of the public members
 shall possess a master’s or doctoral degree in which areas
 of school finance, economics, or statistics are an integral
 component, or shall have equivalent experience in an executive
 administrative or senior research position in the education
 or public administration field. The members appointed by the
 governor shall serve staggered three-year terms beginning
 and ending as provided in section 69.19 and are subject to
 senate confirmation as provided in section 2.32. The committee
 shall meet and hold hearings each year and shall continue in
 session until it has reviewed budgets of school districts,