Senate Study Bill 3114 - Introduced SENATE JOINT RESOLUTION _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT RESOLUTION BY CHAIRPERSON SMITH) SENA TE JOINT RESOLUTION A Joint Resolution proposing amendments to the Constitution 1 of the State of Iowa relating to the gubernatorial line of 2 succession and the filling of vacant public offices. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5526XC (6) 88 ss/jh/tm
S.J.R. _____ Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Section 10 of Article IV of the Constitution of the State of 3 Iowa is repealed and the following adopted in lieu thereof: 4 Sec. 10. Vacancies. When any public office shall, 5 from any cause, become vacant, and no mode is provided by 6 the Constitution and laws for filling such vacancy, the 7 governor shall have power to fill such vacancy, by granting a 8 commission, which shall expire at the end of the next session 9 of the general assembly, or at the next election by the people. 10 Sec. 2. The following amendment to the Constitution of the 11 State of Iowa is proposed: 12 Section 17 of Article IV of the Constitution of the State of 13 Iowa is repealed and the following adopted in lieu thereof: 14 Sec. 17. Lieutenant governor or lieutenant governor-elect 15 to become or act as governor or governor-elect. If there is a 16 temporary disability of the governor, the lieutenant governor 17 shall act as governor until the disability is removed, or 18 the governor dies, resigns, or is removed from office. In 19 case of the death, resignation, or removal from office of the 20 governor, the powers and duties of the office of the governor 21 for the residue of the term shall devolve upon the lieutenant 22 governor. This section shall also apply, as appropriate, to 23 the governor-elect and the lieutenant governor-elect. 24 Sec. 3. REFERRAL AND PUBLICATION. The foregoing proposed 25 amendments to the Constitution of the State of Iowa are 26 referred to the general assembly to be chosen at the next 27 general election for members of the general assembly, and shall 28 be published as provided by law for three consecutive months 29 previous to the date of that election. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This joint resolution proposes amendments to the 34 Constitution of the State of Iowa relating to the gubernatorial 35 -1- LSB 5526XC (6) 88 ss/jh/tm 1/ 2
S.J.R. _____ line of succession and the filling of vacant public offices. 1 The first amendment changes a reference in section 10 of 2 Article IV regarding the governor’s power to fill vacancies 3 where no mode is otherwise provided for by law to fill 4 the vacancy from “any office” to “any public office”. The 5 second amendment creates a system of succession in the case 6 of a permanent or temporary disability of the governor or 7 governor-elect. In the case of a temporary disability of 8 the governor or governor-elect, the lieutenant governor 9 or lieutenant governor-elect shall act as governor or 10 governor-elect until the disability is removed, or the governor 11 dies, resigns, or is removed from office. In the case of the 12 death, resignation, or removal from office of the governor 13 or governor-elect, the lieutenant governor or lieutenant 14 governor-elect shall become governor or governor-elect for the 15 residue of the term. 16 The resolution, if adopted, would be published and then 17 referred to the next general assembly (89th) for adoption, 18 before being submitted to the electorate for ratification. 19 -2- LSB 5526XC (6) 88 ss/jh/tm 2/ 2