NY State Senate Bill 2009-S736

Senate Bill S736

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 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

co-Sponsors

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2009-S736 (ACTIVE) - Details

See Assembly Version of this Bill:: A7879
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §6, Constn
Versions Introduced in 2011-2012 Legislative Session:: A6389

2009-S736 (ACTIVE) - Summary

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.

2009-S736 (ACTIVE) - 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.

2009-S736 (ACTIVE) - Bill Text download pdf

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

                                   736

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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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Senate Bill S736

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Eric Adams

Darrel J. Aubertine

Brian X. Foley

George Onorato

2009-S736 (ACTIVE) - Details

2009-S736 (ACTIVE) - Summary

2009-S736 (ACTIVE) - Sponsor Memo

2009-S736 (ACTIVE) - Bill Text download pdf

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