Bill S736-2009

Establishes vacancies in the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor

Establishes vacancies in the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor, within thirty days of such removal, death, resignation or ascension.

Details

Actions

  • Feb 9, 2010: OPINION REFERRED TO JUDICIARY
  • Jan 12, 2010: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 6, 2010: REFERRED TO JUDICIARY
  • Jul 16, 2009: COMMITTED TO RULES
  • Feb 23, 2009: ADVANCED TO THIRD READING
  • Feb 13, 2009: OPINION REFERRED TO JUDICIARY
  • Feb 11, 2009: 2ND REPORT CAL.
  • Feb 10, 2009: 1ST REPORT CAL.17
  • Jan 21, 2009: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 14, 2009: REFERRED TO JUDICIARY

Memo

 BILL NUMBER:  S736

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

PURPOSE : To provide for the filling of the office of lieutenant-governor when a vacancy in that office alone occurs as a result of removal, death, resignation or ascension to governor.

SUMMARY OF PROVISIONS : Section 1 provides that section 6 of article 4 of the constitution be amended by adding a new fourth undesignated paragraph to provide that in the case of the removal of the lieutenant-governor alone from office, or of his or her death, resignation or ascension to governor, the office of lieutenant-governor shall be filled by appointment of the governor.

Section 2 provides that the proposed amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and be published for 3 months previous to the time of such election in accordance with section 1 of article 19 of the constitution.

JUSTIFICATION : The constitution contains a provision for a special election where vacancies occur in both the office of governor and the office of lieutenant governor. The constitution also contains a provision for filling a vacancy in the office of governor alone. However, there is no such provision in the constitution for filling a vacancy in the office of lieutenant-governor alone when the office of governor is not vacant Currently, when a vacancy occurs in the office of lieutenant-governor, the temporary president of the senate performs all duties of lieutenant-governor during such vacancy, but there is no provision for filling such vacancy. Since the governor and lieutenant-governor are elected jointly, and because the lieutenant-governor acts as governor when the governor is absent from the state or is otherwise unable to discharge his or her powers, the acting governor should chose the lieutenant-governor.

LEGISLATIVE HISTORY : None.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately upon amendment of the constitution pursuant to its provision.

Text

STATE OF NEW YORK ________________________________________________________________________ 736 2009-2010 Regular Sessions IN SENATE January 14, 2009 ___________
Introduced by Sens. DILAN, AUBERTINE, FOLEY, ONORATO, PARKER, SAMPSON -- 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, in relation 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 undesignated paragraph to read as follows: IN CASE OF THE REMOVAL OF THE LIEUTENANT-GOVERNOR ALONE FROM OFFICE OR OF HIS OR HER DEATH, RESIGNATION 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 REMOVAL, DEATH, RESIGNATION, OR ASCENSION. 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. LBD89013-03-9

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