Bills › 88th General Assembly

HSB 55Died when the session ended · February 6, 2019

HSB 55

Topics:Families & human services

Same legislation: SSB 1082, HJR 6, SJR 19

Write your legislators about it

Also covers SSB 1082 and HJR 6 and SJR 19.

Where it is now

  1. Done: IntroducedFebruary 6, 2019
  2. Done: SubcommitteeJanuary 24, 2019
  3. Done: House committeeFebruary 6, 2019
  4. Stopped: Passes the HouseDied when the General Assembly ended
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to the consequences of a governor becoming temporarily or permanently unable to perform the duties of the governor. _____ disability or an impeachment with the possibility of acquittal, the lieutenant governor shall have the powers of the governor until the governor is able to resume the office. In the case of a permanent disability, death, resignation, or removal from office of the governor including by impeachment, the lieutenant governor shall assume the office of the governor.

Read the full explanation

In this case, the former lieutenant governor shall appoint a new lieutenant governor, who will have the same powers and duties as one who was elected, including the duty to act as governor, or to assume the office of the governor and appoint a new lieutenant governor. The resolution, if adopted, would be published and then referred to the next general assembly (89th) for adoption, before being submitted to the electorate for ratification.

Full bill text1

House subcommittee

Named January 24, 2019. On January 31, 2019 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill proposes a constitutional amendment regarding how the Governor's office is filled if the Governor is temporarily or permanently unable to serve. The Iowa Secretary of State’s Office would incur an estimated cost of $14,400 in fiscal year 2021 for initial publication. If the amendment passes a second time, it is estimated to cost $178,200 in fiscal year 2023 for publication in newspapers across the state.2

Read the fiscal note

Description

Senate Joint Resolution 19 proposes an amendment to the Iowa Constitution relating to the consequences of a Governor becoming temporarily or permanently unable to perform the duties of the Governor. In cases where the inability is temporary, the Lieutenant Governor would have the powers of the Governor until the Governor is able to resume the office. In cases where the inability is permanent, the Lieutenant Governor shall assume the office of the Governor, and in that capacity, shall appoint a new Lieutenant Governor. The newly appointed Lieutenant Governor shall have all the powers and duties of an elected Lieutenant Governor, including the duty to act as Governor, or to assume the office of the Governor and appoint a new Lieutenant Governor.

Background

Currently, Article IV of the Iowa Constitution describes the order of succession for the office of the Governor. If the Governor is temporarily or permanently unable to perform the role of the office, the Lieutenant Governor shall assume the role of Governor. If, after assuming the role of Governor, the Lieutenant Governor becomes unable to perform the role, the President of the Senate shall assume the role of Governor, followed similarly by the Speaker of the House of Representatives.

On May 1, 2017, Attorney General Thomas Miller issued an advisory opinion arguing that the Iowa Constitution does not allow a Lieutenant Governor who has assumed the office of Governor to appoint a new Lieutenant Governor.

Assumptions

  • The average cost to publish a proposed Constitutional amendment in a single newspaper is $600.
  • Publication of the initial amendment would occur monthly in eight newspapers (two in each congressional district) for a three-month period.
  • Subsequent publication of the amendment would occur monthly in 99 newspapers (one in each county) for a three-month period.

Fiscal Impact

The estimated cost to publish a proposed Constitutional amendment passed by the General Assembly during the 2019 Legislative Session would be $14,400 (8 newspapers x 3 months x $600). The costs would be incurred in fall 2020 (FY 2021). Assuming the proposed amendment is passed a second time during the 2021 Legislative Session, the estimated cost would be $178,200 (99 newspapers x 3 months x $600). The costs would be incurred in fall 2022 (FY 2023). These publication costs would be incurred by the Iowa Secretary of State’s Office.

Sources

  • Office of the Secretary of State
  • Office of the Attorney General

The estimate held steady

  1. $178,200 March 19, 2019
  2. $178,200 March 22, 2019
3

Reading a fiscal note4

Lobbying

1 for · 0 against · 2 undecided · Who →

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