Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Oct 13, 2009 |
referred to judiciary |
Assembly Bill A9183
2009-2010 Legislative Session
Sponsored By
MAGNARELLI
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Michael Gianaris
Albert A. Stirpe
Aileen Gunther
Ellen C. Jaffee
multi-Sponsors
Marc Alessi
Nettie Mayersohn
Daniel O'Donnell
Crystal Peoples-Stokes
2009-A9183 (ACTIVE) - Details
2009-A9183 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9183 TITLE OF BILL: An act to amend the public officers law, in relation to filling vacancies in the office of lieutenant-governor PURPOSE OR GENERAL IDEA OF BILL: Provides a new method of filling vacancies in the office of the Lieutenant-Governor. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Public Officers Law by adding a new section 44 that 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 confirmations votes shall be held by each House within 30 days of the Governor's nomination. Section 2 establishes an effective date. JUSTIFICATION: In its 2009 decision in Skelos v. Paterson, the Court of Appeals ruled that the absence of a provision providing for a process to fill a vacancy in the office of Lieutenant-Governor in the State Constitution did not preclude a statute that did provide such a process. Currently, this then falls on Section 43 of the Public Officers Law, which is a "catch-all" section to fill all vacancies not covered by other sections. The office of Lieutenant-Governor is too important to leave to a generic section, particularly when this
2009-A9183 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9183 2009-2010 Regular Sessions I N A S S E M B L Y October 13, 2009 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Judiciary AN ACT to amend the public officers law, in relation to filling vacan- cies in the office of lieutenant-governor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public officers law is amended by adding a new section 44 to read as follows: S 44. FILLING VACANCIES IN THE OFFICE OF LIEUTENANT-GOVERNOR. 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. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14791-01-9
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