Bills › 88th General Assembly

Where it is now

  1. Done: IntroducedFebruary 5, 2020
  2. Done: SubcommitteeFebruary 5, 2020
  3. Done: Senate committeeFebruary 18, 2020
  4. Skipped: Passes the SenateContinued as SJR 2003
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Became SJR 2003 → Its progress continues under the new number. Go to SJR 2003 What’s a funnel?

What’s in it

AI summary Iowa voters could change how the state handles empty government positions and what happens if a governor cannot do their job. One change would allow the governor to fill vacant positions with any public office. Another change would set up a clear plan for the lieutenant governor to take over if the governor or governor-elect becomes ill, dies, or leaves office.1

Read the official explanation

_____ line of succession and the filling of vacant public offices. The first amendment changes a reference in section of Article IV regarding the governor’s power to fill vacancies where no mode is otherwise provided for by law to fill the vacancy from “any office” to “any public office”. The second amendment creates a system of succession in the case of a permanent or temporary disability of the governor or governor-elect. In the case of a temporary disability of the governor or governor-elect, the lieutenant governor or lieutenant governor-elect shall act as governor or governor-elect until the disability is removed, or the governor dies, resigns, or is removed from office. In the case of the death, resignation, or removal from office of the governor or governor-elect, the lieutenant governor or lieutenant governor-elect shall become governor or governor-elect for the residue of the term. /tm 2/ 2

Changed since by amendment S-5036; see Amendments.

Full bill text2

Senate subcommittee

Named February 5, 2020. On February 10, 2020 it recommended amendment and 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 line of succession works if a Governor is temporarily or permanently unable to perform their duties. The estimated cost to publish the amendment in fiscal year 2021 is $14,400, and if passed a second time, the estimated cost to publish it in fiscal year 2023 is $178,200. These costs would be paid by the Secretary of the Senate’s Office and the Chief Clerk’s Office in the House of Representatives and reimbursed by the Iowa Secretary of State’s Office.3

Read the fiscal note

Description

Senate Joint Resolution 2003 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.

Gubernatorial Line of Succession. In cases where the Governor’s inability to fulfill the role of Governor 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 become 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

Constitutional Amendment Publication Cost. The estimated cost to publish a proposed constitutional amendment passed by the General Assembly during the 2020 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 Secretary of the Senate’s Office and the Chief Clerk’s Office in the House of Representatives and reimbursed by the Iowa Secretary of State’s Office.

Sources

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

Reading a fiscal note4

Lobbying

1 for · 0 against · 3 undecided · Who →

Family tree

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