CHAPTER 4A
STATE BOARDS — REVIEW COMMITTEE

  
     
4A.1  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Board” means any board, commission, committee, council, panel, review team, or foundation of this state.
  2.  “Committee” means the state government efficiency review committee established pursuant to this chapter.
2024 Acts, ch 1154, §32; 2024 Acts, ch 1170, §43

     
4A.2  Committee — duties.
  1.  The committee shall carry out the functions provided in this chapter.
  2.  Administrative assistance shall be provided by the legislative services agency.
2024 Acts, ch 1170, §44

     
4A.3  Board reviews.
  1.  The committee shall review the usefulness, performance, and efficacy of each board as provided in subsection 2. After completing a review, the committee shall prepare and publish a report of its findings and recommendations as provided in section 4A.4.
  2.  The committee shall establish a schedule for the committee to review each board such that the committee reviews approximately one-fourth of all boards each calendar year. Each board shall be reviewed once between the calendar years 2025 and 2029, and once every four years thereafter. The committee may modify the schedule as necessary to facilitate the efficient administration of the committee.
  3.  A board that is scheduled for review shall submit a report to the committee thirty days prior to the date that it is scheduled for review that includes but is not limited to all of the following:
  a.  The board’s primary purpose and its goals and objectives.
  b.  The board’s past and anticipated workload, the number of staff required to complete that workload, and the board’s total number of staff.
  c.  The board’s past and anticipated budgets and its sources of funding.
  d.  The number of members that compose the governing board or other governing entity of the board and member compensation, if any.
  4.  A board subject to review shall bear the burden of demonstrating to the committee a public need for its continued existence. In determining whether a board has met that burden, the committee shall consider the following, as applicable, in addition to any other information deemed relevant by the committee:
  a.  Whether continuation of the board is necessary to protect the health or safety of the public, and if so, whether the board’s authority is narrowly tailored to protect against present, recognizable, and significant harms to the health or safety of the public.
  b.  Whether the public could be protected or served in an alternate or less restrictive manner.
  c.  Whether rules adopted by the board are consistent with the legislative mandate of the board as expressed in the statutes that created and empowered the board.
  d.  The extent to which the board’s jurisdiction and programs overlap or duplicate those of other boards, the extent to which the board coordinates with those other boards, and the extent to which the board’s programs could be consolidated with the programs of other state departments or boards.
  e.  The number of other states that regulate the occupation, whether a license is required to engage in the occupation in other states, whether the initial licensing and license renewal requirements for the occupation are substantially equivalent in every state, and the amount of regulation exercised by the board compared to the regulation, if any, in other states.
  f.  Whether the board recognizes national uniform licensure requirements for the occupation.
  g.  Whether private contractors could be used, in an effective and efficient manner, either to assist the board in the performance of its duties or to perform the board’s duties in place of the board.
  h.  The cost-effectiveness of the board in terms of the number of employees, services rendered, and administrative costs incurred, both past and present.
  i.  The efficiency with which formal public complaints filed with the board have been processed to completion.
  j.  Whether the purpose for which the board was created has been fulfilled, has changed, or no longer exists.
  k.  Whether federal law requires that the board exist in some form.
  l.  Whether the requirement for an occupational license is consistent with the principles expressed in section 4A.4, subsection 2, serves the public health or safety, and provides the least restrictive form of regulation that adequately protects the public health or safety.
  m.  The extent to which licensing ensures that practitioners have occupational skill sets or competencies that are substantially related to protecting consumers from present, significant, and substantiated harms that threaten the public health or safety, and the impact that those criteria have on applicants for a license, particularly those with moderate or low incomes, seeking to enter the occupation or profession.
  n.  The extent to which the requirement for the occupational license stimulates or restricts competition, affects consumer choice, and affects the cost of services.
2024 Acts, ch 1170, §45
Referred to in §4A.4, 4A.6

     
4A.4  Reports.
  1.  After completing a review of a board pursuant to section 4A.3, the committee shall prepare and submit a report of its findings and recommendations by December 21 of each year. A report may include findings and recommendations for more than one board. Copies of the report shall be submitted to the president of the senate, the speaker of the house of representatives, the governor, and each affected board, and shall be made publicly available on the internet site of the general assembly. The committee shall present its recommendations to the general assembly.
  2.  Recommendations of the committee shall indicate how or whether implementation of the recommendations would do each of the following:
  a.  Improve efficiency in the management of state government.
  b.  Improve services rendered to citizens of the state.
  c.  Provide for the least restrictive regulations by repealing current regulations and replacing them with less restrictive regulations that adequately protect the public.
  d.  Improve the effectiveness of the services performed by the boards of the state.
  e.  Avoid duplication of effort by state agencies or boards.
2024 Acts, ch 1170, §46
Referred to in §4A.3

  
     
4A.5  Boards and governmental entities — dissolution.
  1.  Except as provided in subsection 2, a board established by an Act of the general assembly after July 1, 2024, shall dissolve four years after the establishment of the board, unless the Act establishing the board expressly states an alternative dissolution date.
  2.  An Act of the general assembly establishing a board for the exclusive purpose of providing advice or recommendations after July 1, 2024, shall include a dissolution date of the board not more than two years after the establishment of the board.
2024 Acts, ch 1170, §47

  
     
4A.6  State government efficiency review committee established.
  1.  A state government efficiency review committee is established which shall meet as necessary to efficiently review all boards according to the schedule established by the committee pursuant to section 4A.3.
  2.  a.  The committee shall consist of two members of the senate appointed by the majority leader of the senate, one member of the senate appointed by the minority leader of the senate, two members of the house of representatives appointed by the speaker of the house of representatives, one member of the house of representatives appointed by the minority leader of the house of representatives, an employee of the office of the governor appointed by the governor, the director of the department of management or the director’s designee, and the director of the department of inspections, appeals, and licensing, or the director’s designee.
  b.  Members shall be appointed prior to January 31 of the first regular session of each general assembly and shall serve for terms ending upon the convening of the following general assembly or when their successors are appointed, whichever is later. A vacancy shall be filled in the same manner as the original appointment and shall be for the remainder of the unexpired term of the vacancy.
  c.  The committee shall elect a chairperson and vice chairperson from the legislative members of the committee.
  3.  The legislative members of the committee shall be reimbursed for actual and necessary expenses incurred in the performance of their duties and shall be paid a per diem as specified in section 2.10 for each day in which they engaged in the performance of their duties. However, per diem compensation and expenses shall not be paid to members of the general assembly when the general assembly is actually in session at the seat of government. Expenses and per diem shall be paid from moneys appropriated pursuant to section 2.12.
  4.  Administrative assistance shall be provided by the legislative services agency.
2024 Acts, ch 1154, §33; 2024 Acts, ch 1170, §48
4A.7 through 4A.10Reserved.

  
     
4A.11  Board members — nonattendance — vacancy.
  1.  Any person who has been appointed by the governor to any board under the laws of this state shall be deemed to have submitted a resignation from such office if any of the following events occurs:
  a.  The person does not attend three or more consecutive regular meetings of such board. This paragraph does not apply unless the first and last of the consecutive meetings counted for this purpose are at least thirty days apart.
  b.  The person attends less than one-half of the regular meetings of such board within any period of twelve calendar months beginning on July 1 or January 1. This paragraph does not apply unless such board holds at least four regular meetings during such period. This paragraph applies only to such a period beginning on or after the date when the person takes office as a member of such board.
  c.  Sufficient grounds exist that would otherwise subject the person to removal by the executive council pursuant to section 66.26.
  2.  With respect to subsection 1, paragraphs “a” and “b”, if such person received no notice and had no knowledge of a regular meeting and gives the governor a sworn statement to that effect within ten days after the person learns of the meeting, such meeting shall not be counted for the purposes of this section.
  3.  The governor in the governor’s discretion may accept or reject such resignation. If the governor accepts it, the governor shall notify such person, in writing, that the resignation is accepted pursuant to this section. The governor shall then make another appointment to such office. Such appointment shall be made in the same manner and for the same term as in the case of other vacancies caused by resignation from such office.
  4.  As used in this section, “board” includes any commission, committee, agency, or governmental body which has three or more members.
[C71, 73, 75, 77, 79, 81, §69.15]
2007 Acts, ch 22, §16; 2024 Acts, ch 1170, §54, 371 – 373
C2025, §4A.11

  
     
4A.12  Appointive boards — political affiliation.
  1.  All appointive boards, commissions, and councils of the state established by the Code if not otherwise provided by law shall be bipartisan in their composition. A person shall not be appointed or reappointed to any board, commission, or council established by the Code, if the effect of that appointment or reappointment would cause the number of members of the board, commission, or council belonging to one political party to be greater than one-half the membership of the board, commission, or council plus one.
  2.  In the case where the appointment of members of the general assembly is allowed, and the law does not otherwise provide, if an even number of legislators are appointed they shall be equally divided by political party affiliation; if an odd number of members of the general assembly are appointed, the number representing a certain political party shall not exceed the number of legislative members of the other political party who may be appointed by more than one.
  3.  If there are multiple appointing authorities for a board, commission or council, the appointing authorities shall consult to avoid a violation of this section.
  4.  This section shall not apply to any board, commission, or council established by the Code for which other restrictions regarding the political affiliations of members are provided by law.
[C77, 79, 81, §69.16]
86 Acts, ch 1245, §2040; 87 Acts, ch 218, §7; 2018 Acts, ch 1041, §19; 2019 Acts, ch 59, §32; 2020 Acts, ch 1063, §38; 2024 Acts, ch 1170, §54
C2025, §4A.12
Referred to in §8D.3, 15H.3, 23.3, 35A.2, 47.8, 68B.32, 80.28, 84A.1A, 84A.4, 84D.5, 135.43, 148.2A, 159A.13, 217.43, 256.5A, 256.35B, 256.132, 256.147, 331.322, 418.5, 455A.5, 455A.6, 455A.20, 514E.2, 542.4

  
     
4A.13  Statutory boards, commissions, councils, and committees — appointments by members of general assembly — terms — dissolution.
  1.  Unless otherwise specifically provided by law, all of the following shall apply to an appointment to a statutory board, commission, council, or committee made by a member or members of the general assembly pursuant to section 2.32A:
  a.  An appointment shall be at the pleasure of the appointing member.
  b.  Unless an appointee is replaced by the appointing member, the regular term of appointment shall be two years, beginning upon the convening of a general assembly and ending upon the convening of the following general assembly, or when the appointee’s successor is appointed, whichever occurs later.
  c.  Unless otherwise provided, a vacancy exists if a member of the general assembly serving on a statutory board, commission, council, or committee ceases to be a member of the general assembly. A vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
  2.  Unless otherwise specifically provided by law, a board, commission, council, committee, task force, or other temporary body created by an uncodified statute that provides for issuance of a final report by the body is dissolved on or about the date the body’s final report is issued.
2008 Acts, ch 1156, §22, 58
C2009, §69.16B
2024 Acts, ch 1170, §54
C2025, §4A.13
Referred to in §2.32A, 2A.4, 8A.372, 15E.63, 80.28, 80B.6, 84A.1A, 217.2, 249A.4B, 256.32, 256H.2, 261D.3, 272B.2, 411.36, 418.5, 423.9

  
     
4A.14  Minority representation.
  All appointive boards, commissions, committees, and councils of the state established by the Code if not otherwise provided by law should provide, to the extent practicable, for minority representation. All appointing authorities of boards, commissions, committees, and councils subject to this section should consider qualified minority persons for appointment to boards, commissions, committees, and councils. For purposes of this section, “minority” means a minority person as defined in section 15.102.
2008 Acts, ch 1156, §23, 58
C2009, §69.16C
2024 Acts, ch 1170, §54
C2025, §4A.14

  
     
4A.15  Boards and commissions — criteria for establishing.
  1.  Prior to establishing a new appointive board, commission, committee, or council of the state, the general assembly shall consider all of the following:
  a.  Whether there is an existing board or commission that would be able to perform the duties of the new board, commission, committee, or council.
  b.  The estimated annual cost of the new board, commission, committee, or council, including any additional personnel costs arising out of the creation of the new board, commission, committee, or council.
  c.  Whether a repeal date is needed for the new board, commission, committee, or council. Whenever possible, an appropriate repeal date should be included.
  2.  This section shall apply to appointive boards, commissions, committees, and councils of the state established by the Code on or after July 1, 2010.
2010 Acts, ch 1031, §421
C2011, §69.16D
2024 Acts, ch 1170, §54
C2025, §4A.15

  
     
4A.16  Young adult representation.
  1.  For purposes of this section, unless the context otherwise requires, “young adult” means a person who, at the time of appointment or reappointment, is at least eighteen years of age but less than thirty-five years of age.
  2.  All appointive boards, commissions, committees, and councils of the state established by the Code should provide, to the extent practicable and if not otherwise provided by law, for at least one member who is a young adult. All appointing authorities of boards, commissions, committees, and councils should consider qualified young adults for appointment to boards, commissions, committees, and councils.
2010 Acts, ch 1076, §1
C2011, §69.16E
2024 Acts, ch 1170, §54
C2025, §4A.16

  
     
4A.17  Employees as members — voting.
  If an employee of an appointive board, commission, or council is a member of the board, commission, or council, that employee shall not be a voting member. Payment of per diem and expenses shall not cause a member to be considered an employee of that board, commission, or council.
[C77, 79, 81, §69.17]
2024 Acts, ch 1170, §54
C2025, §4A.17