House File 2540 - Introduced HOUSE FILE 2540 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 670) A BILL FOR An Act repealing gender balance requirements for appointive 1 bodies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5981HV (1) 90 ss/ns
H.F. 2540 Section 1. Section 8D.3, subsection 2, paragraph a, 1 subparagraph (2), Code 2024, is amended to read as follows: 2 (2) Voting members of the commission shall serve six-year 3 staggered terms as designated by the governor and appointments 4 to the commission are subject to the requirements of sections 5 69.16 , 69.16A , and 69.19 . Vacancies shall be filled by the 6 governor for the duration of the unexpired term. 7 Sec. 2. Section 15.480, subsection 3, Code 2024, is amended 8 to read as follows: 9 3. Members appointed by the governor are subject to the 10 requirements of sections 69.16 , 69.16A , and 69.19 . 11 Sec. 3. Section 15F.102, subsection 3, paragraph b, Code 12 2024, is amended to read as follows: 13 b. The governor shall appoint the voting members pursuant to 14 subsection 2 , subject to sections 69.16 , 69.16A , and 69.16C , 15 and subject to confirmation by the senate. 16 Sec. 4. Section 15H.3, subsection 4, Code 2024, is amended 17 to read as follows: 18 4. The membership of the commission shall comply with 19 sections section 69.16 and 69.16A . The membership of the 20 commission shall also reflect the diversity of the state’s 21 population. 22 Sec. 5. Section 23.3, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. Appointments to the board shall be subject to sections 25 section 69.16 and 69.16A . 26 Sec. 6. Section 28A.7, subsection 4, Code 2024, is amended 27 to read as follows: 28 4. The membership of the board of commissioners shall be 29 gender balanced if possible. The appointing authorities shall 30 comply with the requirements of section 69.16A or similar 31 laws of the state of Illinois as determined by the appointing 32 authorities. The appointing authorities shall also provide 33 representation for racial groups residing in the metropolitan 34 area based on the ratio of the racial population to the 35 -1- LSB 5981HV (1) 90 ss/ns 1/ 13
H.F. 2540 population as a whole. 1 Sec. 7. Section 35A.2, subsection 2, Code 2024, is amended 2 to read as follows: 3 2. Ten commissioners shall be honorably discharged members 4 of the armed forces of the United States. The American 5 legion of Iowa, disabled American veterans department of Iowa, 6 veterans of foreign wars department of Iowa, American veterans 7 of World War II, Korea, and Vietnam, the Vietnam veterans of 8 America, the military order of the purple heart, the paralyzed 9 veterans of America, and the Iowa association of county 10 commissioners and veteran service officers, through their 11 department commanders, shall submit two names respectively from 12 their organizations to the governor. The adjutant general and 13 the Iowa affiliate of the reserve officers association shall 14 submit names to the governor of persons to represent the Iowa 15 national guard and the association. The governor shall appoint 16 from the group of names submitted by the adjutant general and 17 reserve officers association two representatives and from 18 each of the other organizations one representative to serve 19 as a member of the commission, unless the appointments would 20 conflict with the bipartisan and gender balance provisions of 21 sections section 69.16 and 69.16A . In addition, the governor 22 shall appoint one member of the public, knowledgeable in the 23 general field of veterans affairs, to serve on the commission. 24 Sec. 8. Section 46.1, subsection 3, Code 2024, is amended by 25 striking the subsection. 26 Sec. 9. Section 46.2, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. The resident members of the bar of each congressional 29 district shall elect two eligible electors of different genders 30 to the state judicial nominating commission. 31 Sec. 10. Section 46.3, subsection 3, Code 2024, is amended 32 by striking the subsection. 33 Sec. 11. Section 46.4, subsection 2, Code 2024, is amended 34 by striking the subsection. 35 -2- LSB 5981HV (1) 90 ss/ns 2/ 13
H.F. 2540 Sec. 12. Section 46.9, subsection 4, Code 2024, is amended 1 to read as follows: 2 4. In an election to elect one male commissioner and one 3 female commissioner two commissioners , each eligible attorney 4 may cast one vote for male commissioner and one vote for female 5 commissioner two separate commissioners , and the qualified 6 eligible elector of each gender electors receiving the most and 7 second-most votes shall each be elected. 8 Sec. 13. Section 80.28, subsection 4, Code 2024, is amended 9 to read as follows: 10 4. The voting members of the board shall be appointed in 11 compliance with sections section 69.16 and 69.16A . Members 12 shall elect a chairperson and vice chairperson from the board 13 membership, who shall serve two-year terms. The members 14 appointed by the governor shall be appointed to three-year 15 staggered terms and the terms shall commence and end as 16 provided by section 69.19 . If a vacancy occurs among the 17 voting members, a successor shall be appointed to serve the 18 unexpired term. A successor shall be appointed in the same 19 manner and subject to the same qualifications as the original 20 appointment to serve the unexpired term. The voting members 21 of the board are entitled to receive reimbursement for actual 22 expenses incurred while engaged in the performance of official 23 duties from funds appropriated to the department of public 24 safety and the state department of transportation for that 25 purpose. The departments shall enter into an agreement to 26 provide administrative assistance and support to the board. 27 Sec. 14. Section 84A.1A, subsection 8, Code 2024, is amended 28 to read as follows: 29 8. Sections Section 69.16 and 69.16A shall apply only to 30 those members of the board appointed by the governor pursuant 31 to subsection 1 , paragraph “a” , subparagraph (8). 32 Sec. 15. Section 84A.4, subsection 2, paragraph c, Code 33 2024, is amended to read as follows: 34 c. Political affiliation and gender balance . Sections 35 -3- LSB 5981HV (1) 90 ss/ns 3/ 13
H.F. 2540 Section 69.16 and 69.16A shall apply to the total membership of 1 a local workforce development board excluding members required 2 under paragraph “b” , subparagraph (4), subparagraph division 3 (a), subparagraph subdivisions (ii) and (iii). 4 Sec. 16. Section 84D.5, subsection 2, Code 2024, is amended 5 to read as follows: 6 2. Members of the council shall be appointed by the governor 7 for terms of three years and in compliance with sections 8 section 69.16 and 69.16A . 9 Sec. 17. Section 135.43, subsection 2, unnumbered paragraph 10 1, Code 2024, is amended to read as follows: 11 The membership of the review team is subject to the 12 provisions of sections section 69.16 and 69.16A , relating to 13 political affiliation and gender balance . Review team members 14 who are not designated by another appointing authority shall 15 be appointed by the director. Membership terms shall be for 16 three years. A membership vacancy shall be filled in the same 17 manner as the original appointment. The review team shall 18 elect a chairperson and other officers as deemed necessary by 19 the review team. The review team shall meet upon the call of 20 the director or as determined by the review team. The review 21 team shall include the following: 22 Sec. 18. Section 135.109, subsection 5, paragraph c, Code 23 2024, is amended to read as follows: 24 c. The membership of the review team is subject to the 25 provisions of sections section 69.16 and 69.16A , relating to 26 political affiliation and gender balance . 27 Sec. 19. Section 142A.3, subsection 3, paragraph b, Code 28 2024, is amended to read as follows: 29 b. Three voting members, to be selected by the participants 30 in the annual statewide youth summit of the initiative’s youth 31 program, who shall not be subject to section 69.16 or 69.16A . 32 However, the selection process shall provide for diversity 33 among the members and at least one of the youth members shall 34 be a female. 35 -4- LSB 5981HV (1) 90 ss/ns 4/ 13
H.F. 2540 Sec. 20. Section 148.2A, subsection 2, unnumbered paragraph 1 1, Code 2024, is amended to read as follows: 2 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 3 147.14 , and 147.19 , the board may have a pool of up to ten 4 alternate members, including members licensed to practice under 5 this chapter and members not licensed to practice under this 6 chapter , to substitute for board members who are disqualified 7 or become unavailable for any other reason for contested case 8 hearings. 9 Sec. 21. Section 155A.2A, unnumbered paragraph 1, Code 10 2024, is amended to read as follows: 11 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 12 147.14 , and 147.19 , the board may have a pool of up to seven 13 alternate members, including members licensed to practice under 14 this chapter and members not licensed to practice under this 15 chapter , to substitute for board members who are disqualified 16 or become unavailable for any reason for contested case 17 hearings. 18 Sec. 22. Section 159A.13, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. Appointments of voting members to the infrastructure 21 board are subject to the requirements of sections section 22 69.16 and 69.16A . In addition, the appointments shall be 23 geographically balanced. The governor’s appointees shall be 24 confirmed by the senate, pursuant to section 2.32 . 25 Sec. 23. Section 176A.8, subsection 3, paragraph a, Code 26 2024, is amended to read as follows: 27 a. To, at least ninety days prior to the date fixed for the 28 election of council members, appoint a nominating committee 29 consisting of four persons who are not council members and 30 designate the chairperson. The membership of the nominating 31 committee shall be gender balanced. The nominating committee 32 shall consider the geographic distribution of potential 33 nominees in nominating one or more resident registered voters 34 of the extension district as candidates for election to each 35 -5- LSB 5981HV (1) 90 ss/ns 5/ 13
H.F. 2540 office to be filled at the election. To qualify for the 1 election ballot, each nominee shall file a nominating petition 2 signed by at least twenty-five eligible electors of the 3 district with the county commissioner of elections at least 4 sixty-nine days before the date of election. 5 Sec. 24. Section 216A.12, subsection 1, Code 2024, is 6 amended to read as follows: 7 1. The commission of Latino affairs consists of seven 8 members, appointed by the governor, and subject to confirmation 9 by the senate pursuant to section 2.32 . Commission members 10 shall be appointed in compliance with sections section 69.16 11 and 69.16A . Commission members shall reside in the state. 12 Sec. 25. Section 216A.92A, subsection 2, Code 2024, is 13 amended to read as follows: 14 2. Commission members shall serve three-year terms which 15 shall begin and end pursuant to section 69.19 , and shall serve 16 the entire term even if the member experiences a change in the 17 status which resulted in their appointment under subsection 1 . 18 Vacancies on the commission shall be filled for the remainder 19 of the term of the original appointment. Members whose terms 20 expire may be reappointed. Members of the commission shall 21 receive actual expenses for their services. Members may also 22 be eligible to receive compensation as provided in section 23 7E.6 . Members as specified under subsection 1 , paragraph 24 “c” , however, shall receive per diem compensation as provided 25 in section 7E.6 and actual expenses. The membership of 26 the commission shall also comply with the political party 27 affiliation and gender balance requirements of sections section 28 69.16 and 69.16A . 29 Sec. 26. Section 216A.132, subsection 5, Code 2024, is 30 amended to read as follows: 31 5. Membership on the board shall be bipartisan as provided 32 in section 69.16 and gender balanced as provided in section 33 69.16A . 34 Sec. 27. Section 216A.162, subsection 3, paragraph a, Code 35 -6- LSB 5981HV (1) 90 ss/ns 6/ 13
H.F. 2540 2024, is amended to read as follows: 1 a. Seven public members appointed in compliance with 2 sections section 69.16 and 69.16A who shall be appointed 3 with consideration given to the geographic residence of the 4 member and the population density of Native Americans within 5 the vicinity of the geographic residence of a member. Of the 6 seven public members appointed, at least one shall be a Native 7 American who is an enrolled tribal member living on a tribal 8 settlement or reservation in Iowa and whose tribal government 9 is located in Iowa. 10 Sec. 28. Section 217.43, subsection 1, paragraph a, 11 subparagraph (1), Code 2024, is amended to read as follows: 12 (1) The membership shall be appointed in accordance with 13 section 69.16 , relating to political affiliation , and section 14 69.16A , relating to gender balance . 15 Sec. 29. Section 235B.1, subsection 4, paragraph b, 16 subparagraph (2), Code 2024, is amended to read as follows: 17 (2) The members of the advisory council shall be appointed 18 to terms of four years beginning May 1. Appointments shall 19 comply with sections section 69.16 and 69.16A . Vacancies shall 20 be filled in the same manner as the original appointment. 21 Sec. 30. Section 252B.22, subsection 2, Code 2024, is 22 amended to read as follows: 23 2. Members of the task force may include, but shall not 24 be limited to, representatives, appointed by the respective 25 entity, of the Iowa land title association, the Iowa realtors’ 26 association, the Iowa state bar association, the Iowa county 27 recorders’ association, the Iowa clerks of court association, 28 the Iowa county treasurers’ association, the Iowa automobile 29 dealers’ association, the Iowa bankers association, the Iowa 30 recreational vehicle dealers’ association, the independent 31 automobile dealers’ association of Iowa, the Iowa mortgage 32 bankers’ association, the Iowa motorcycle association, the Iowa 33 credit union league, department of administrative services, 34 state department of transportation, the office of the secretary 35 -7- LSB 5981HV (1) 90 ss/ns 7/ 13
H.F. 2540 of state, the office of the state court administrator, and 1 other constituency groups and agencies which have an interest 2 in a statewide support lien index to the record liens. 3 Appointments are not subject to sections section 69.16 and 4 69.16A . Vacancies shall be filled by the original appointment 5 authority and in the manner of the original appointments. 6 Sec. 31. Section 256.5A, subsection 4, Code 2024, is amended 7 to read as follows: 8 4. The nonvoting student member appointment is not subject 9 to section 69.16 or 69.16A . 10 Sec. 32. Section 256.35A, subsection 2, paragraph c, Code 11 2024, is amended to read as follows: 12 c. Voting members shall serve three-year terms beginning 13 and ending as provided in section 69.19 , and appointments shall 14 comply with sections section 69.16 and 69.16A . Vacancies on 15 the council shall be filled in the same manner as the original 16 appointment. A person appointed to fill a vacancy shall serve 17 only for the unexpired portion of the term. Public members 18 shall receive reimbursement for actual expenses incurred while 19 serving in their official capacity and may also be eligible to 20 receive compensation as provided in section 7E.6 . 21 Sec. 33. Section 256.82, subsection 1, paragraph b, 22 unnumbered paragraph 1, Code 2024, is amended to read as 23 follows: 24 Five members shall be selected in the manner provided in 25 this paragraph and the gender balance of the membership shall 26 be coordinated among the associations and boards making the 27 appointments so that not more than three members serving under 28 this paragraph at the same time are of the same gender . 29 Sec. 34. Section 256.82, subsection 3, paragraph a, Code 30 2024, is amended to read as follows: 31 a. The board shall appoint an advisory committee on 32 journalistic and editorial integrity which has no more than a 33 simple majority of members of the same gender . 34 Sec. 35. Section 256.147, subsection 2, Code 2024, is 35 -8- LSB 5981HV (1) 90 ss/ns 8/ 13
H.F. 2540 amended to read as follows: 1 2. The membership of the board shall comply with the 2 requirements of sections section 69.16 and 69.16A . A quorum 3 of the board shall consist of seven members. Members shall 4 elect a chairperson of the board. Members, except for the 5 director of the department or the director’s designee, shall 6 be appointed by the governor subject to confirmation by the 7 senate. 8 Sec. 36. Section 260C.36, subsection 1, unnumbered 9 paragraph 1, Code 2024, is amended to read as follows: 10 The community college administration shall establish a 11 committee consisting of instructors and administrators, equally 12 representative of the arts and sciences faculty and the career 13 and technical faculty , which has no more than a simple majority 14 of members of the same gender . The faculty members shall be 15 appointed by the certified employee organization if one exists 16 and if not, by the college administration. The administrators 17 shall be appointed by the college administration. The 18 committee shall develop and maintain a plan for hiring and 19 developing quality faculty that includes all of the following: 20 Sec. 37. Section 273.15, subsection 4, Code 2024, is amended 21 to read as follows: 22 4. All member appointments made pursuant to subsection 23 2 shall comply with sections 69.16 , 69.16A , and 69.16C . In 24 addition, every reasonable effort shall be made to appoint 25 members to provide balanced representation based on age, 26 experience, ethnicity, district size, and geography. 27 Sec. 38. Section 284.15, subsection 12, paragraph b, Code 28 2024, is amended to read as follows: 29 b. Members shall be appointed to staggered three-year 30 terms which begin and end as provided in section 69.19 . 31 Appointments shall comply with sections 69.16 , 69.16A , and 32 69.16C . Vacancies on the commission shall be filled in the 33 same manner as the original appointment. A person appointed 34 to fill a vacancy shall serve only for the unexpired portion 35 -9- LSB 5981HV (1) 90 ss/ns 9/ 13
H.F. 2540 of the term. Members are entitled to reimbursement of actual 1 expenses incurred in performance of their official duties. 2 Sec. 39. Section 314.22, subsection 3, paragraph c, Code 3 2024, is amended to read as follows: 4 c. Members of the committee shall serve without 5 compensation, but may be reimbursed for allowable expenses from 6 the living roadway trust fund created under section 314.21 . No 7 more than a simple majority of the members of the committee 8 shall be of the same gender as provided in section 69.16A . 9 The director of the department shall appoint the chair of the 10 committee and shall establish a minimum schedule of meetings 11 for the committee. 12 Sec. 40. Section 331.233, subsection 2, Code 2024, is 13 amended to read as follows: 14 2. Only eligible electors of the county not holding 15 a city, county, or state office shall be members of the 16 commission. In counties having multiple state legislative 17 districts, the districts shall be represented as equally as 18 possible. The membership shall be bipartisan and gender 19 balanced and each appointing authority under subsection 20 1 shall provide for representation of various age groups, 21 racial minorities, economic groups, and representatives 22 of identifiable geographically defined populations, all in 23 reasonable relationship to the proportions in which these 24 groups are present in the population of the commission area. A 25 vacancy on the commission shall be filled by appointment in the 26 same manner as the original appointment. The county auditor 27 shall notify the appropriate appointing authority of a vacancy. 28 Sec. 41. Section 373.2, subsection 2, Code 2024, is amended 29 to read as follows: 30 2. Only eligible electors of the county not holding 31 a city, county, or state office shall be members of the 32 commission. In counties having multiple state legislative 33 districts, the districts shall be represented as equally as 34 possible. The membership shall be bipartisan and gender 35 -10- LSB 5981HV (1) 90 ss/ns 10/ 13
H.F. 2540 balanced and each appointing authority under subsection 1 1 shall provide for representation of various age groups, 2 racial minorities, economic groups, and representatives 3 of identifiable geographically defined populations, all in 4 reasonable relationship to the proportions in which these 5 groups are present in the population of the commission area. 6 Sec. 42. Section 418.5, subsection 3, Code 2024, is amended 7 to read as follows: 8 3. The general public members shall be appointed by 9 the governor, subject to confirmation by the senate. The 10 appointments shall comply with sections section 69.16 and 11 69.16A . 12 Sec. 43. Section 455A.20, subsection 1, paragraph f, Code 13 2024, is amended to read as follows: 14 f. If a question arises as to whether a recognized county 15 organization exists under paragraph “c” or “d” , the question 16 shall be decided by a majority vote of the members selected 17 under paragraphs “a” and “b” , excluding the representative of 18 the county conservation board. Sections Section 69.16 and 19 69.16A do does not apply to appointments made pursuant to this 20 subsection . 21 Sec. 44. Section 455B.150, subsection 1, paragraph a, 22 subparagraph (3), Code 2024, is amended to read as follows: 23 (3) An appointment shall comply with sections section 24 69.16 and 69.16A . In addition, the appointments shall be 25 geographically balanced. 26 Sec. 45. Section 475A.7, Code 2024, is amended to read as 27 follows: 28 475A.7 Consumer advisory panel. 29 The attorney general shall appoint five members and the 30 governor shall appoint four members to a consumer advisory 31 panel to meet at the request of the consumer advocate for 32 consultation regarding public utility regulation. A member 33 shall be appointed from each congressional district with 34 the appointee residing within the congressional district at 35 -11- LSB 5981HV (1) 90 ss/ns 11/ 13
H.F. 2540 the time of appointment. The remaining appointees shall be 1 members at large. No more than five members shall belong to 2 the same political party as provided in section 69.16 . Not 3 more than a simple majority of the members shall be of the 4 same gender. The members appointed by the attorney general 5 shall serve four-year terms at the pleasure of the attorney 6 general and their appointments are not subject to confirmation. 7 The members appointed by the governor shall serve four-year 8 terms at the pleasure of the governor and their appointments 9 are not subject to confirmation. The governor or attorney 10 general shall fill a vacancy in the same manner as the original 11 appointment for the unexpired portion of the member’s term. 12 Members of the consumer advisory panel shall serve without 13 compensation, but shall be reimbursed for actual expenses from 14 funds appropriated to the consumer advocate division. 15 Sec. 46. Section 514E.2, subsection 2, paragraph b, Code 16 2024, is amended to read as follows: 17 b. The composition of the board of directors shall be 18 in compliance with sections section 69.16 and 69.16A . The 19 governor’s appointees shall be chosen from a broad cross 20 section of the residents of this state. 21 Sec. 47. Section 542.4, subsection 1, paragraph d, Code 22 2024, is amended to read as follows: 23 d. The term of each member of the board shall be three 24 years, as designated by the governor, and appointments to 25 the board are subject to the requirements of sections 69.16 , 26 69.16A , and 69.19 . Vacancies occurring during a term shall be 27 filled by appointment by the governor for the unexpired term. 28 Upon the expiration of the member’s term of office, a member 29 shall continue to serve until a successor shall have been 30 appointed and taken office. 31 Sec. 48. REPEAL. Section 69.16A, Code 2024, is repealed. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -12- LSB 5981HV (1) 90 ss/ns 12/ 13
H.F. 2540 This bill repeals Code section 69.16A, imposing gender 1 balance requirements on appointive bodies established in the 2 Code. The bill makes conforming changes by removing references 3 to Code section 69.16A and gender balance requirements. 4 -13- LSB 5981HV (1) 90 ss/ns 13/ 13