senate Bill S2870

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

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Bill Status


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

  • 02 / Feb / 2011
    • REFERRED TO JUDICIARY
  • 07 / Feb / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 29 / Mar / 2011
    • 1ST REPORT CAL.271
  • 30 / Mar / 2011
    • 2ND REPORT CAL.
  • 31 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

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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Bill Details

See Assembly Version of this Bill:
A9716
Versions:
S2870
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยง6, Constn
Versions Introduced in 2009-2010 Legislative Cycle:
S6067, A295, S6067

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2870

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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