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 Committee


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

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Actions

view actions (10)
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

S736 - Bill Details

See Assembly Version of this Bill:
A7879
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend

S736 - Bill Texts

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view 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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