By attorneys Maria Brownell, Elizabeth Burnett & Kristine Stone
The Legislature passed Senate File 2096, which the Governor signed on April 3, 2024 (“SF 2096”). Prior to SF 2096, all appointive boards, commissions, committees, and councils of a political subdivision of Iowa were required to be gender balanced pursuant to Iowa Code section 69.16A(2). For a body with an even number of members, this requirement meant local appointing authorities were prohibited from making any appointment or reappointment that would cause the number of members of one gender to be greater than one half the total membership. For a body with an odd number of members, the law prohibited any appointment that would result in the body’s members from being greater than “one half plus one” of either gender. Under prior law, an appointing authority was required to track its efforts to comply with the appointment requirement for a period of three months before making a noncompliant appointment, demonstrating its good faith efforts to comply with the law.
SF 2096 repeals Iowa Code section 69.16A in its entirety, effectively striking the gender balance requirement for local boards, commissions, committees, and councils, and removing the three-month good faith effort period. The change in appointment requirement becomes effective for all appointments and reappointments that occur on or after July 1, 2024. This bill only affects the former requirement for gender balance in appointments and does not change other applicable appointment laws.
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