senate Bill S2234

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

  • 15 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 22 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 15 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 19 / Feb / 2014
    • 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:
A2713
Versions:
S2234
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยง6, Constn
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2870, A9716
2009-2010: S6067, A295, S6067

Sponsor Memo

BILL NUMBER:S2234

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.

JUSTIFICATION: A few years ago, a vacancy in the office of
Lieutenant-Governor 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: 2011-12 - S. 2870 Judiciary Committee/A. 9716
Governmental Operations Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Upon passage of two separately elected Legislatures
and approval by the voters after such passage.

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

                                  2234

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sens.  GRIFFO,  DeFRANCISCO, 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.
                                                           LBD89074-01-3

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