S2870-2011 - NY Senate Open Legislation - 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.

Sponsor: GRIFFO / Co-sponsor(s): DEFRANCISCO, GRISANTI, LARKIN, RANZENHOFER / Committee: JUDICIARY
Law Section: Constitution, Concurrent Resolutions to Amend / Law: Amd Art 4 S6, Constn

S2870-2011 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

S2870-2011 Meetings

Judiciary: Mar 29, 2011

S2870-2011 Calendars

S2870-2011 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

S2870-2011 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.

S2870-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2870
 2011-2012 Regular Sessions
 I N  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

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