Senate File 323 - Introduced SENATE FILE 323 BY GREEN A BILL FOR An Act relating to the membership and functions of the state 1 board of regents and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1204XS (1) 91 je/jh
S.F. 323 DIVISION I 1 SHORT TITLE 2 Section 1. SHORT TITLE. This Act shall be known and may be 3 cited as the Regent Governance Reform Act. 4 DIVISION II 5 STATE BOARD OF REGENTS MEMBERSHIP AND TERMS 6 Sec. 2. Section 256.176, subsection 2, paragraph a, Code 7 2025, is amended to read as follows: 8 a. A voting member of the state board of regents to be named 9 by the state board of regents, or the executive director of 10 the state board of regents if so appointed by the state board 11 of regents, who shall serve for a four-year term or until the 12 expiration of the members term of office, and who shall serve 13 as an ex officio, nonvoting member. 14 Sec. 3. Section 262.1, Code 2025, is amended to read as 15 follows: 16 262.1 Membership. 17 1. The state board of regents consists of nine voting 18 members, eight of whom who shall be selected from the state at 19 large solely with regard to their qualifications and fitness 20 to discharge the duties of the office. The ninth member shall 21 be a student enrolled on a full-time basis in good standing 22 at either the graduate or undergraduate level at one of the 23 institutions listed in section 262.7, subsection 1, 2, or 3 , 24 at the time of the members appointment. Not more than five 25 voting members shall be of the same political party. 26 2. The state board shall include five ex officio, nonvoting 27 members as follows: 28 a. A student enrolled on a full-time basis in good 29 standing at each of the institutions listed in section 30 262.7, subsections 1, 2, and 3, at the time of the members 31 appointment. 32 b. One member appointed by the majority leader of the senate 33 and one member appointed by the speaker of the house. 34 Sec. 4. Section 262.2, Code 2025, is amended to read as 35 -1- LSB 1204XS (1) 91 je/jh 1/ 7
S.F. 323 follows: 1 262.2 Appointment term of office. 2 1. The voting members shall be appointed by the governor 3 subject to confirmation by the senate. Prior to appointing the 4 ninth member as specified in section 262.1 , the governor shall 5 consult with the appropriate student body government at the 6 institution at which the proposed appointee is enrolled. The 7 term of each member of the board shall be for six four years , 8 unless the ninth member, appointed in accordance with section 9 262.1 , graduates or is no longer enrolled at an institution 10 of higher education under the boards control, at which time 11 the term of the ninth member shall expire one year from the 12 date on which the member graduates or is no longer enrolled in 13 an institution of higher education under the boards control . 14 However, if within that year the ninth member reenrolls in any 15 institution of higher education under the boards control on 16 a full-time basis and is a student in good standing at either 17 the graduate or undergraduate level, the term of the ninth 18 member shall continue in effect. The terms of three five 19 voting members of the board shall begin and expire in each 20 odd-numbered year as provided in section 69.19 . 21 2. A student member shall be appointed by the president of 22 the institution listed in section 262.7, subsection 1, 2, or 3, 23 at which the student is enrolled. A student member shall serve 24 at the pleasure of the president, but shall serve no longer 25 than four years. If a student member graduates from or is no 26 longer enrolled at the institution, the member shall no longer 27 be eligible for service on the board, and the president of the 28 institution shall appoint a new member pursuant to section 29 262.6. 30 3. A legislative member shall serve for a term as provided 31 in section 4A.13. A legislative member is eligible for per 32 diem and expenses as provided in section 2.10. 33 Sec. 5. Section 262.4, Code 2025, is amended to read as 34 follows: 35 -2- LSB 1204XS (1) 91 je/jh 2/ 7
S.F. 323 262.4 Removals. 1 The governor, with the approval of a majority of the senate 2 during a session of the general assembly, may remove any voting 3 member of the board for malfeasance in office, or for any cause 4 which would render the member ineligible for appointment or 5 incapable or unfit to discharge the duties of office, and the 6 members removal, when so made, shall be final. 7 Sec. 6. Section 262.5, Code 2025, is amended to read as 8 follows: 9 262.5 Suspension. 10 When the general assembly is not in session, the governor 11 may suspend any voting member so disqualified and shall appoint 12 another to fill the vacancy thus created, subject to the 13 approval of the senate when next in session. 14 Sec. 7. Section 262.6, Code 2025, is amended to read as 15 follows: 16 262.6 Vacancies. 17 Vacancies shall be filled in the same manner in which regular 18 appointments are required to be made. If the ninth member 19 resigns prior to the expiration of the term, the individual 20 appointed to fill the vacancy shall meet the requirements for 21 the ninth member specified in section 262.1 . Other vacancies 22 occurring prior to the expiration of the ninth members term 23 shall be filled in the same manner as the original appointments 24 for those vacancies. 25 Sec. 8. Section 262.8, Code 2025, is amended to read as 26 follows: 27 262.8 Meetings. 28 Meetings may be called by the board, by the president of the 29 board, or by the executive director of the board upon written 30 request of any five voting members thereof. 31 Sec. 9. Section 262.9, subsection 1, Code 2025, is amended 32 to read as follows: 33 1. Each even-numbered year elect, from its voting members, a 34 president of the board, who shall serve for two years and until 35 -3- LSB 1204XS (1) 91 je/jh 3/ 7
S.F. 323 a successor is elected and qualified. 1 Sec. 10. Section 262.9, subsection 2, paragraph b, Code 2 2025, is amended to read as follows: 3 b. When electing a president of an institution of higher 4 learning, the board may use a presidential selection committee. 5 Only voting members of the board shall serve as voting members 6 of a presidential selection committee. 7 Sec. 11. Section 262.9, subsection 33, paragraph d, Code 8 2025, is amended to read as follows: 9 d. The compensation and benefits paid to the voting members 10 of the board pursuant to section 7E.6 . 11 Sec. 12. Section 262.11, Code 2025, is amended to read as 12 follows: 13 262.11 Record acts affecting property. 14 All acts of the board relating to the management, purchase, 15 disposition, or use of lands and other property of said 16 institutions shall be entered of record, which shall show the 17 members present, and how each voting member voted upon each 18 proposition. The board may, in its discretion, delegate to 19 each university the authority to approve leases. 20 Sec. 13. TRANSITION APPOINTMENT AND TERM OF STATE BOARD 21 OF REGENTS MEMBERS. This division of this Act shall not affect 22 the appointment or term of a member serving on the state board 23 of regents immediately prior to the effective date of this 24 division of this Act. 25 DIVISION III 26 STATE BOARD OF REGENTS FUNCTIONS 27 Sec. 14. Section 262.9, subsection 3, Code 2025, is amended 28 to read as follows: 29 3. Make rules for admission to and for the government of 30 said institutions, not inconsistent with law. The rules shall 31 require the institutions of higher learning under its control 32 to incorporate the classic learning test, developed by classic 33 learning initiatives, into the regent admission index prior to 34 the beginning of the 2025-2026 academic year. 35 -4- LSB 1204XS (1) 91 je/jh 4/ 7
S.F. 323 Sec. 15. Section 262.9, Code 2025, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 39. Develop and adopt a policy prohibiting 3 a committee or subcommittee of the faculty senate at an 4 institution of higher education governed by the board from 5 exercising any governance authority over the institution. The 6 policy shall specify that a committee or subcommittee of the 7 faculty senate at an institution serves only in an advisory 8 capacity. 9 NEW SUBSECTION . 40. Develop and adopt a policy requiring 10 prior approval of the board before an institution of higher 11 education governed by the board may establish a new major or 12 minor to be offered at the institution. 13 NEW SUBSECTION . 41. Develop and adopt a policy providing 14 for a post-tenure review at any time of any tenured employee 15 of an institution of higher education governed by the board if 16 authorized by the board by a majority vote or by the president 17 of the institution. 18 Sec. 16. EMERGENCY RULES. The state board of regents shall 19 adopt emergency rules under section 17A.4, subsection 3, and 20 section 17A.5, subsection 2, paragraph b, to implement the 21 provision of this division of this Act amending section 262.9, 22 subsection 3, at the next meeting of the board occurring after 23 the effective date of this division of this Act. The rules 24 shall be effective immediately upon filing unless a later date 25 is specified in the rules. Any rules adopted in accordance 26 with this section shall also be published as a notice of 27 intended action as provided in section 17A.4. 28 DIVISION IV 29 DISAPPROVAL OF EXPENDITURES 30 Sec. 17. NEW SECTION . 262.29 Disapproval of expenditures 31 joint resolution. 32 The general assembly, by passage of a joint resolution 33 requiring approval of the governor, may disapprove any 34 individual, ongoing expenditure by the state board of regents 35 -5- LSB 1204XS (1) 91 je/jh 5/ 7
S.F. 323 or an institution of higher education under the governance 1 thereof. The board or institution shall terminate the 2 expenditure upon the effective date of the resolution. This 3 section does not apply to an ongoing expenditure specifically 4 authorized by law. 5 DIVISION V 6 EFFECTIVE DATE 7 Sec. 18. EFFECTIVE DATE. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 This bill relates to the membership and functions of the 13 state board of regents (board). 14 DIVISION I SHORT TITLE. The bill shall be known and may 15 be cited as the Regent Governance Reform Act. 16 DIVISION II STATE BOARD OF REGENTS MEMBERSHIP AND 17 TERMS. This division replaces the student member of the board 18 with a ninth member appointed by the governor, confirmed by the 19 senate, and subject to the same terms as the other eight voting 20 members. 21 The division adds five ex officio, nonvoting members to 22 the board. Three ex officio, nonvoting members are students 23 enrolled at the university of Iowa, Iowa state university, and 24 the university of northern Iowa, respectively, and appointed by 25 the president of the institution at which they are enrolled. 26 The division provides terms of service for student members. 27 The other two ex officio, nonvoting members of the board are 28 legislative members appointed by the majority leader of the 29 senate and the speaker of the house. 30 The division includes conforming changes to statutory 31 references to the board. 32 The division shall not affect the appointment or term of a 33 member serving on the board immediately prior to the effective 34 date of the division. 35 -6- LSB 1204XS (1) 91 je/jh 6/ 7
S.F. 323 DIVISION III STATE BOARD OF REGENTS FUNCTIONS. This 1 division directs the board to require the institutions of 2 higher learning under its control (institutions) to incorporate 3 the classic learning test, developed by classic learning 4 initiatives, into the regent admission index prior to the 5 beginning of the 2025-2026 academic year. The division 6 authorizes emergency rulemaking for this purpose. 7 The division requires the board to develop and adopt a policy 8 prohibiting a committee or subcommittee of the faculty senate 9 at an institution from exercising any governance authority over 10 the institution. The policy shall specify that a committee or 11 subcommittee of the faculty senate at an institution serves 12 only in an advisory capacity. 13 The division requires the board to develop and adopt a policy 14 requiring prior approval of the board before an institution 15 may establish a new major or minor to be offered at the 16 institution. 17 The division requires the board to develop and adopt a policy 18 providing for a post-tenure review at any time of any tenured 19 employee of an institution if authorized by the board by a 20 majority vote or by the president of the institution. 21 DIVISION IV DISAPPROVAL OF EXPENDITURES. This division 22 authorizes the general assembly, by passage of a joint 23 resolution requiring approval of the governor, to disapprove 24 any individual, ongoing expenditure by the board or an 25 institution under the governance thereof. The board or 26 institution shall terminate the expenditure upon the effective 27 date of the resolution. The division does not apply to an 28 ongoing expenditure specifically authorized by law. 29 DIVISION V EFFECTIVE DATE. The bill takes effect upon 30 enactment. 31 -7- LSB 1204XS (1) 91 je/jh 7/ 7