Bill S2234-2013

Provides for the filling of vacancies in the office of lieutenant-governor by appointment of the governor subject to confirmation by the senate and assembly

Provides for the filling of vacancies in the office of lieutenant-governor by appointment of the governor subject to confirmation by majority vote in the senate and majority vote in the assembly.

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  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 15, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 22, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 15, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2234

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing an amendment to article 4 of the constitution, relating to the filling of vacancies in the office of lieutenant-governor

PURPOSE: Provides a method of filling vacancies in the office of the Lieutenant-Governor.

SUMMARY OF PROVISIONS: This bill would provide that in the case of a vacancy in the office of Lieutenant-Governor alone, the Governor shall nominate a new Lieutenant-Governor within 30 days of the vacancy, subject to confirmation by majority votes of both Houses of the Legislature independently. Such confirmation votes shall be held by each House within 30 days of the Governor's nomination.

JUSTIFICATION: A few years ago, a vacancy in the office of Lieutenant-Governor called attention to the fact that under current law, there is no method available to appoint a new Lieutenant-Governor. This bill would enact a system identical to the one used under the Federal Constitution to fill a vacancy in the office of the Vice-President. Requiring separate votes from each House of the Legislature, rather than a single vote in joint session, ensures that no single House has enough votes to confirm the nomination by itself.

LEGISLATIVE HISTORY: 2011-12 - S. 2870 Judiciary Committee/A. 9716 Governmental Operations Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Upon passage of two separately elected Legislatures and approval by the voters after such passage.


Text

STATE OF NEW YORK ________________________________________________________________________ 2234 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sens. GRIFFO, DeFRANCISCO, LARKIN, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY Proposing an amendment to article 4 of the constitution, relating to the filling of vacancies in the office of lieutenant-governor Section 1. Resolved (if the Assembly concur), That section 6 of arti- cle 4 of the constitution be amended by adding a new fourth paragraph to read as follows: IN CASE OF VACANCY IN THE OFFICE OF LIEUTENANT-GOVERNOR ALONE, DUE TO DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR ASCENSION TO GOVERNOR, THE OFFICE OF LIEUTENANT-GOVERNOR SHALL BE FILLED FOR THE REMAINDER OF THE TERM BY APPOINTMENT OF THE GOVERNOR WITHIN THIRTY DAYS OF SUCH VACANCY, DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR ASCENSION, SUBJECT TO CONFIRMATION BY A MAJORITY VOTE IN THE SENATE AND A MAJORITY VOTE IN THE ASSEMBLY TO BE HELD WITHIN THIRTY DAYS OF SUCH APPOINTMENT. S 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89074-01-3

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