senate Bill S736

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

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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Bill Details

See Assembly Version of this Bill:
A7879
Versions:
S736
Legislative Cycle:
2009-2010
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend

Sponsor 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.
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