Bill S2870-2011

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.

Details

Actions

  • Feb 8, 2012: OPINION REFERRED TO JUDICIARY
  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jun 24, 2011: COMMITTED TO RULES
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Mar 31, 2011: ADVANCED TO THIRD READING
  • Mar 30, 2011: 2ND REPORT CAL.
  • Mar 29, 2011: 1ST REPORT CAL.271
  • Feb 7, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 2, 2011: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 29, 2011
Ayes (20): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Gianaris, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (1): Adams
Nays (2): Espaillat, Krueger

Memo

BILL NUMBER:S2870

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.

EXISTING LAW: Presently, in the case of a vacancy in the office of lieutenant-governor, the temporary president of the senate would perform the duties of lieutenant governor.

JUSTIFICATION: The recent vacancy in the office of Lieutenant-Governor has 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: 2010: S.6067 Judiciary Committee/A.295 Governmental Operations Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly concur), that the foregoing amendments be referred to the first regular legislative session convening after the next succeeding general election of Members of the Senate, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 2870 2011-2012 Regular Sessions IN SENATE February 2, 2011 ___________
Introduced by Sens. GRIFFO, DeFRANCISCO, GRISANTI, 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. LBD89069-01-1

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