Senate Study Bill 1037 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act repealing gender balance requirements for appointive 1 boards, commissions, committees, and councils. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1406XC (4) 90 ss/rn
S.F. _____ Section 1. Section 8D.3, subsection 2, paragraph a, 1 subparagraph (2), Code 2023, 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 15F.102, subsection 3, paragraph b, Code 8 2023, is amended to read as follows: 9 b. The governor shall appoint the voting members pursuant to 10 subsection 2 , subject to sections 69.16 , 69.16A , and 69.16C , 11 and subject to confirmation by the senate. 12 Sec. 3. Section 15H.3, subsection 4, Code 2023, is amended 13 to read as follows: 14 4. The membership of the commission shall comply with 15 sections section 69.16 and 69.16A . The membership of the 16 commission shall also reflect the diversity of the state’s 17 population. 18 Sec. 4. Section 23.3, subsection 2, Code 2023, is amended 19 to read as follows: 20 2. Appointments to the board shall be subject to sections 21 section 69.16 and 69.16A . 22 Sec. 5. Section 28A.7, subsection 4, Code 2023, is amended 23 to read as follows: 24 4. The membership of the board of commissioners shall be 25 gender balanced if possible. The appointing authorities shall 26 comply with the requirements of section 69.16A or similar 27 laws of the state of Illinois as determined by the appointing 28 authorities. The appointing authorities shall also provide 29 representation for racial groups residing in the metropolitan 30 area based on the ratio of the racial population to the 31 population as a whole. 32 Sec. 6. Section 35A.2, subsection 2, Code 2023, is amended 33 to read as follows: 34 2. Ten commissioners shall be honorably discharged members 35 -1- LSB 1406XC (4) 90 ss/rn 1/ 11
S.F. _____ of the armed forces of the United States. The American 1 legion of Iowa, disabled American veterans department of Iowa, 2 veterans of foreign wars department of Iowa, American veterans 3 of World War II, Korea, and Vietnam, the Vietnam veterans of 4 America, the military order of the purple heart, the paralyzed 5 veterans of America, and the Iowa association of county 6 commissioners and veteran service officers, through their 7 department commanders, shall submit two names respectively from 8 their organizations to the governor. The adjutant general and 9 the Iowa affiliate of the reserve officers association shall 10 submit names to the governor of persons to represent the Iowa 11 national guard and the association. The governor shall appoint 12 from the group of names submitted by the adjutant general and 13 reserve officers association two representatives and from 14 each of the other organizations one representative to serve 15 as a member of the commission, unless the appointments would 16 conflict with the bipartisan and gender balance provisions of 17 sections section 69.16 and 69.16A . In addition, the governor 18 shall appoint one member of the public, knowledgeable in the 19 general field of veterans affairs, to serve on the commission. 20 Sec. 7. Section 80.28, subsection 4, Code 2023, is amended 21 to read as follows: 22 4. The voting members of the board shall be appointed in 23 compliance with sections section 69.16 and 69.16A . Members 24 shall elect a chairperson and vice chairperson from the board 25 membership, who shall serve two-year terms. The members 26 appointed by the governor shall be appointed to three-year 27 staggered terms and the terms shall commence and end as 28 provided by section 69.19 . If a vacancy occurs among the 29 voting members, a successor shall be appointed to serve the 30 unexpired term. A successor shall be appointed in the same 31 manner and subject to the same qualifications as the original 32 appointment to serve the unexpired term. The voting members 33 of the board are entitled to receive reimbursement for actual 34 expenses incurred while engaged in the performance of official 35 -2- LSB 1406XC (4) 90 ss/rn 2/ 11
S.F. _____ duties from funds appropriated to the department of public 1 safety and the state department of transportation for that 2 purpose. The departments shall enter into an agreement to 3 provide administrative assistance and support to the board. 4 Sec. 8. Section 84A.1A, subsection 8, Code 2023, is amended 5 to read as follows: 6 8. Sections Section 69.16 and 69.16A shall apply only to 7 those members of the board appointed by the governor pursuant 8 to subsection 1 , paragraph “a” , subparagraph (8). 9 Sec. 9. Section 84A.4, subsection 2, paragraph c, Code 2023, 10 is amended to read as follows: 11 c. Political affiliation and gender balance . Sections 12 Section 69.16 and 69.16A shall apply to the total membership of 13 a local workforce development board excluding members required 14 under paragraph “b” , subparagraph (4), subparagraph division 15 (a), subparagraph subdivisions (ii) and (iii). 16 Sec. 10. Section 135.43, subsection 2, unnumbered paragraph 17 1, Code 2023, is amended to read as follows: 18 The membership of the review team is subject to the 19 provisions of sections section 69.16 and 69.16A , relating to 20 political affiliation and gender balance . Review team members 21 who are not designated by another appointing authority shall 22 be appointed by the state medical examiner. Membership terms 23 shall be for three years. A membership vacancy shall be filled 24 in the same manner as the original appointment. The review 25 team shall elect a chairperson and other officers as deemed 26 necessary by the review team. The review team shall meet upon 27 the call of the state medical examiner or as determined by the 28 review team. The review team shall include the following: 29 Sec. 11. Section 135.109, subsection 5, paragraph c, Code 30 2023, is amended to read as follows: 31 c. The membership of the review team is subject to the 32 provisions of sections section 69.16 and 69.16A , relating to 33 political affiliation and gender balance . 34 Sec. 12. Section 142A.3, subsection 3, paragraph b, Code 35 -3- LSB 1406XC (4) 90 ss/rn 3/ 11
S.F. _____ 2023, is amended to read as follows: 1 b. Three voting members, to be selected by the participants 2 in the annual statewide youth summit of the initiative’s youth 3 program, who shall not be subject to section 69.16 or 69.16A . 4 However, the selection process shall provide for diversity 5 among the members and at least one of the youth members shall 6 be a female. 7 Sec. 13. Section 148.2A, subsection 2, unnumbered paragraph 8 1, Code 2023, is amended to read as follows: 9 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 10 147.14 , and 147.19 , the board may have a pool of up to ten 11 alternate members, including members licensed to practice under 12 this chapter and members not licensed to practice under this 13 chapter , to substitute for board members who are disqualified 14 or become unavailable for any other reason for contested case 15 hearings. 16 Sec. 14. Section 155A.2A, unnumbered paragraph 1, Code 17 2023, is amended to read as follows: 18 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 19 147.14 , and 147.19 , the board may have a pool of up to seven 20 alternate members, including members licensed to practice under 21 this chapter and members not licensed to practice under this 22 chapter , to substitute for board members who are disqualified 23 or become unavailable for any reason for contested case 24 hearings. 25 Sec. 15. Section 159A.13, subsection 3, Code 2023, is 26 amended to read as follows: 27 3. Appointments of voting members to the infrastructure 28 board are subject to the requirements of sections section 29 69.16 and 69.16A . In addition, the appointments shall be 30 geographically balanced. The governor’s appointees shall be 31 confirmed by the senate, pursuant to section 2.32 . 32 Sec. 16. Section 176A.8, subsection 3, paragraph a, Code 33 2023, is amended to read as follows: 34 a. To, at least ninety days prior to the date fixed for the 35 -4- LSB 1406XC (4) 90 ss/rn 4/ 11
S.F. _____ election of council members, appoint a nominating committee 1 consisting of four persons who are not council members and 2 designate the chairperson. The membership of the nominating 3 committee shall be gender balanced. The nominating committee 4 shall consider the geographic distribution of potential 5 nominees in nominating one or more resident registered voters 6 of the extension district as candidates for election to each 7 office to be filled at the election. To qualify for the 8 election ballot, each nominee shall file a nominating petition 9 signed by at least twenty-five eligible electors of the 10 district with the county commissioner of elections at least 11 sixty-nine days before the date of election. 12 Sec. 17. Section 216A.12, subsection 1, Code 2023, is 13 amended to read as follows: 14 1. The commission of Latino affairs consists of seven 15 members, appointed by the governor, and subject to confirmation 16 by the senate pursuant to section 2.32 . Commission members 17 shall be appointed in compliance with sections section 69.16 18 and 69.16A . Commission members shall reside in the state. 19 Sec. 18. Section 216A.92A, subsection 2, Code 2023, is 20 amended to read as follows: 21 2. Commission members shall serve three-year terms which 22 shall begin and end pursuant to section 69.19 , and shall serve 23 the entire term even if the member experiences a change in the 24 status which resulted in their appointment under subsection 1 . 25 Vacancies on the commission shall be filled for the remainder 26 of the term of the original appointment. Members whose terms 27 expire may be reappointed. Members of the commission shall 28 receive actual expenses for their services. Members may also 29 be eligible to receive compensation as provided in section 30 7E.6 . Members as specified under subsection 1 , paragraph 31 “c” , however, shall receive per diem compensation as provided 32 in section 7E.6 and actual expenses. The membership of 33 the commission shall also comply with the political party 34 affiliation and gender balance requirements of sections section 35 -5- LSB 1406XC (4) 90 ss/rn 5/ 11
S.F. _____ 69.16 and 69.16A . 1 Sec. 19. Section 216A.132, subsection 5, Code 2023, is 2 amended to read as follows: 3 5. Membership on the board shall be bipartisan as provided 4 in section 69.16 and gender balanced as provided in section 5 69.16A . 6 Sec. 20. Section 216A.162, subsection 3, paragraph a, Code 7 2023, is amended to read as follows: 8 a. Seven public members appointed in compliance with 9 sections section 69.16 and 69.16A who shall be appointed 10 with consideration given to the geographic residence of the 11 member and the population density of Native Americans within 12 the vicinity of the geographic residence of a member. Of the 13 seven public members appointed, at least one shall be a Native 14 American who is an enrolled tribal member living on a tribal 15 settlement or reservation in Iowa and whose tribal government 16 is located in Iowa. 17 Sec. 21. Section 217.43, subsection 1, paragraph a, 18 subparagraph (1), Code 2023, is amended to read as follows: 19 (1) The membership shall be appointed in accordance with 20 section 69.16 , relating to political affiliation , and section 21 69.16A , relating to gender balance . 22 Sec. 22. Section 235B.1, subsection 4, paragraph b, 23 subparagraph (2), Code 2023, is amended to read as follows: 24 (2) The members of the advisory council shall be appointed 25 to terms of four years beginning May 1. Appointments shall 26 comply with sections section 69.16 and 69.16A . Vacancies shall 27 be filled in the same manner as the original appointment. 28 Sec. 23. Section 252B.22, subsection 2, Code 2023, is 29 amended to read as follows: 30 2. Members of the task force may include, but shall not 31 be limited to, representatives, appointed by the respective 32 entity, of the Iowa land title association, the Iowa realtors’ 33 association, the Iowa state bar association, the Iowa county 34 recorders’ association, the Iowa clerks of court association, 35 -6- LSB 1406XC (4) 90 ss/rn 6/ 11
S.F. _____ the Iowa county treasurers’ association, the Iowa automobile 1 dealers’ association, the Iowa bankers association, the Iowa 2 recreational vehicle dealers’ association, the independent 3 automobile dealers’ association of Iowa, the Iowa mortgage 4 bankers’ association, the Iowa motorcycle association, the Iowa 5 credit union league, department of administrative services, 6 state department of transportation, the office of the secretary 7 of state, the office of the state court administrator, and 8 other constituency groups and agencies which have an interest 9 in a statewide support lien index to the record liens. 10 Appointments are not subject to sections section 69.16 and 11 69.16A . Vacancies shall be filled by the original appointment 12 authority and in the manner of the original appointments. 13 Sec. 24. Section 256.5A, subsection 4, Code 2023, is amended 14 to read as follows: 15 4. The nonvoting student member appointment is not subject 16 to section 69.16 or 69.16A . 17 Sec. 25. Section 256.35A, subsection 2, paragraph c, Code 18 2023, is amended to read as follows: 19 c. Voting members shall serve three-year terms beginning 20 and ending as provided in section 69.19 , and appointments shall 21 comply with sections section 69.16 and 69.16A . Vacancies on 22 the council shall be filled in the same manner as the original 23 appointment. A person appointed to fill a vacancy shall serve 24 only for the unexpired portion of the term. Public members 25 shall receive reimbursement for actual expenses incurred while 26 serving in their official capacity and may also be eligible to 27 receive compensation as provided in section 7E.6 . 28 Sec. 26. Section 256.82, subsection 1, paragraph b, 29 unnumbered paragraph 1, Code 2023, is amended to read as 30 follows: 31 Five members shall be selected in the manner provided in 32 this paragraph and the gender balance of the membership shall 33 be coordinated among the associations and boards making the 34 appointments so that not more than three members serving under 35 -7- LSB 1406XC (4) 90 ss/rn 7/ 11
S.F. _____ this paragraph at the same time are of the same gender . 1 Sec. 27. Section 272.3, subsection 2, Code 2023, is amended 2 to read as follows: 3 2. A majority of the licensed practitioner members shall be 4 nonadministrative practitioners. Four of the members shall be 5 administrators. Membership of the board shall comply with the 6 requirements of sections section 69.16 and 69.16A . A quorum of 7 the board shall consist of six members. Members shall elect a 8 chairperson of the board. Members, except for the director of 9 the department of education or the director’s designee, shall 10 be appointed by the governor subject to confirmation by the 11 senate. 12 Sec. 28. Section 273.15, subsection 4, Code 2023, is amended 13 to read as follows: 14 4. All member appointments made pursuant to subsection 15 2 shall comply with sections 69.16 , 69.16A , and 69.16C . In 16 addition, every reasonable effort shall be made to appoint 17 members to provide balanced representation based on age, 18 experience, ethnicity, district size, and geography. 19 Sec. 29. Section 284.15, subsection 12, paragraph b, Code 20 2023, is amended to read as follows: 21 b. Members shall be appointed to staggered three-year 22 terms which begin and end as provided in section 69.19 . 23 Appointments shall comply with sections 69.16 , 69.16A , and 24 69.16C . Vacancies on the commission shall be filled in the 25 same manner as the original appointment. A person appointed 26 to fill a vacancy shall serve only for the unexpired portion 27 of the term. Members are entitled to reimbursement of actual 28 expenses incurred in performance of their official duties. 29 Sec. 30. Section 303A.5, subsection 3, Code 2023, is amended 30 to read as follows: 31 3. Members appointed by the governor are subject to the 32 requirements of sections 69.16 , 69.16A , and 69.19 . 33 Sec. 31. Section 314.22, subsection 3, paragraph c, Code 34 2023, is amended to read as follows: 35 -8- LSB 1406XC (4) 90 ss/rn 8/ 11
S.F. _____ c. Members of the committee shall serve without 1 compensation, but may be reimbursed for allowable expenses from 2 the living roadway trust fund created under section 314.21 . No 3 more than a simple majority of the members of the committee 4 shall be of the same gender as provided in section 69.16A . 5 The director of the department shall appoint the chair of the 6 committee and shall establish a minimum schedule of meetings 7 for the committee. 8 Sec. 32. Section 331.233, subsection 2, Code 2023, is 9 amended to read as follows: 10 2. Only eligible electors of the county not holding 11 a city, county, or state office shall be members of the 12 commission. In counties having multiple state legislative 13 districts, the districts shall be represented as equally as 14 possible. The membership shall be bipartisan and gender 15 balanced and each appointing authority under subsection 16 1 shall provide for representation of various age groups, 17 racial minorities, economic groups, and representatives 18 of identifiable geographically defined populations, all in 19 reasonable relationship to the proportions in which these 20 groups are present in the population of the commission area. A 21 vacancy on the commission shall be filled by appointment in the 22 same manner as the original appointment. The county auditor 23 shall notify the appropriate appointing authority of a vacancy. 24 Sec. 33. Section 373.2, subsection 2, Code 2023, is amended 25 to read as follows: 26 2. Only eligible electors of the county not holding 27 a city, county, or state office shall be members of the 28 commission. In counties having multiple state legislative 29 districts, the districts shall be represented as equally as 30 possible. The membership shall be bipartisan and gender 31 balanced and each appointing authority under subsection 32 1 shall provide for representation of various age groups, 33 racial minorities, economic groups, and representatives 34 of identifiable geographically defined populations, all in 35 -9- LSB 1406XC (4) 90 ss/rn 9/ 11
S.F. _____ reasonable relationship to the proportions in which these 1 groups are present in the population of the commission area. 2 Sec. 34. Section 418.5, subsection 3, Code 2023, is amended 3 to read as follows: 4 3. The general public members shall be appointed by 5 the governor, subject to confirmation by the senate. The 6 appointments shall comply with sections section 69.16 and 7 69.16A . 8 Sec. 35. Section 455A.20, subsection 1, paragraph f, Code 9 2023, is amended to read as follows: 10 f. If a question arises as to whether a recognized county 11 organization exists under paragraph “c” or “d” , the question 12 shall be decided by a majority vote of the members selected 13 under paragraphs “a” and “b” , excluding the representative of 14 the county conservation board. Sections Section 69.16 and 15 69.16A do does not apply to appointments made pursuant to this 16 subsection . 17 Sec. 36. Section 455B.150, subsection 1, paragraph a, 18 subparagraph (3), Code 2023, is amended to read as follows: 19 (3) An appointment shall comply with sections section 20 69.16 and 69.16A . In addition, the appointments shall be 21 geographically balanced. 22 Sec. 37. Section 514E.2, subsection 2, paragraph b, Code 23 2023, is amended to read as follows: 24 b. The composition of the board of directors shall 25 be in compliance with sections section 69.16 and 69.16A . 26 The governor’s appointees shall be chosen from a broad 27 cross-section of the residents of this state. 28 Sec. 38. Section 542.4, subsection 1, paragraph d, Code 29 2023, is amended to read as follows: 30 d. The term of each member of the board shall be three 31 years, as designated by the governor, and appointments to 32 the board are subject to the requirements of sections 69.16 , 33 69.16A , and 69.19 . Vacancies occurring during a term shall be 34 filled by appointment by the governor for the unexpired term. 35 -10- LSB 1406XC (4) 90 ss/rn 10/ 11
S.F. _____ Upon the expiration of the member’s term of office, a member 1 shall continue to serve until a successor shall have been 2 appointed and taken office. 3 Sec. 39. Section 904A.2A, subsection 1, Code 2023, is 4 amended to read as follows: 5 1. The board of parole shall have a pool of three alternate 6 members to substitute for board members who are disqualified 7 or become unavailable for any other reason for hearings. The 8 pool of alternate members shall be deemed a separate appointive 9 board for purposes of complying with the requirements of 10 sections section 69.16 and 69.16A . Each alternate member shall 11 serve a term of four years beginning and ending as provided 12 by section 69.19 , except for alternate members appointed to 13 fill vacancies who shall serve for the balance of the unexpired 14 term. 15 Sec. 40. REPEAL. Section 69.16A, Code 2023, is repealed. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill repeals Code section 69.16A, imposing gender 20 balance requirements on appointive boards, commissions, 21 committees, and councils established in the Iowa Code. The 22 bill makes conforming changes by removing references to Code 23 section 69.16A and gender balance requirements. 24 -11- LSB 1406XC (4) 90 ss/rn 11/ 11