Senate Study Bill 3115 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act relating to the permanent disability of the governor to 1 discharge the duties of the office. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5397XC (3) 87 ss/rj

S.F. _____ Section 1. NEW SECTION . 7.14A Permanent disability of 1 governor. 2 1. a. A court, as described in subsection 2, shall convene 3 to determine whether the governor is permanently unable to 4 discharge the duties of the office if a declaration stating 5 that the governor is permanently disabled is signed by at 6 least three of the five following persons and transmitted to 7 the president of the senate and the speaker of the house of 8 representatives: 9 (1) The chief justice of the supreme court. 10 (2) The lieutenant governor. 11 (3) The governor’s chief of staff. 12 (4) The governor’s personal physician. 13 (5) A statewide elected official, as defined in section 14 68B.2, other than the governor or lieutenant governor, 15 designated in advance by the governor. 16 b. Until the governor designates a statewide elected 17 official pursuant to paragraph “a” , subparagraph (5), the 18 auditor of state shall be deemed to have been so designated. 19 2. a. Within forty-eight hours of receipt by the president 20 of the senate and the speaker of the house of representatives 21 of a declaration under subsection 1, the senate and house of 22 representatives shall meet in a joint session and be organized 23 as a court, presided over by the chief justice of the supreme 24 court, to hear evidence regarding the permanent disability 25 of the governor to discharge the duties of the office. The 26 court organized pursuant to this paragraph shall be governed 27 according to the applicable provisions of sections 68.9 through 28 68.12 and the governor shall have the right to be represented 29 by counsel. 30 b. After the taking of evidence pursuant to paragraph “a” 31 has concluded, each house of the general assembly shall meet 32 separately to vote upon whether the governor is permanently 33 unable to discharge the duties of the office. 34 (1) A finding that the governor is permanently unable to 35 -1- LSB 5397XC (3) 87 ss/rj 1/ 3

S.F. _____ discharge the duties of the office shall require an affirmative 1 vote of two-thirds of the members of each house. 2 (2) If, within twenty-one days of assembling pursuant to 3 paragraph “a” , the senate and house of representatives both 4 determine pursuant to subparagraph (1) that the governor is 5 permanently unable to discharge the duties of the office, 6 the governor shall immediately vacate and the lieutenant 7 governor shall immediately assume the office of the governor. 8 Otherwise, the governor shall retain the office. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the process for determining whether the 13 governor is permanently unable to discharge the duties of the 14 office. The bill requires at least three of the five following 15 persons to sign a declaration that the governor is permanently 16 disabled prior to the convening of a trial: the chief justice 17 of the supreme court, the lieutenant governor, the governor’s 18 chief of staff, the governor’s personal physician, and a 19 statewide elected official, as defined in Code section 68B.2, 20 designated in advance by the governor. Until the governor 21 designates a statewide elected official, the auditor of state 22 shall be deemed to have been so designated. Within 48 hours 23 of the receipt of such a declaration by the president of the 24 senate and the speaker of the house, the bill requires the 25 general assembly to meet in a joint session and organize as a 26 court presided over by the chief justice of the supreme court. 27 A court organized pursuant to the bill has the powers of 28 a court of impeachment organized under Code chapter 68 and 29 the governor has the right to be represented by counsel. The 30 court shall take evidence to determine whether the governor 31 is permanently unable to discharge the duties of the office. 32 After the taking of evidence has concluded, the bill directs 33 each chamber of the general assembly to meet separately and 34 vote upon whether the governor is permanently disabled. If 35 -2- LSB 5397XC (3) 87 ss/rj 2/ 3

S.F. _____ 2/3 of the members of each chamber vote, within 21 days, to 1 find the governor permanently disabled, the governor shall 2 immediately vacate the office and the lieutenant governor shall 3 immediately become the governor. Otherwise, the governor shall 4 retain the office. 5 -3- LSB 5397XC (3) 87 ss/rj 3/ 3