Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2010 |
referred to judiciary delivered to assembly passed senate |
Jun 07, 2010 |
advanced to third reading |
Jun 03, 2010 |
2nd report cal. |
Jun 02, 2010 |
1st report cal.727 |
Jun 01, 2010 |
opinion referred to judiciary |
May 04, 2010 |
to attorney-general for opinion |
Apr 30, 2010 |
referred to judiciary |
Senate Bill S7682
2009-2010 Legislative Session
Sponsored By
(D, WF) 46th Senate District
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
Votes
co-Sponsors
(D, WF) Senate District
(D, WF) Senate District
(D, IP) Senate District
(D, WF) 28th Senate District
2009-S7682 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10952
- Current Committee:
- Assembly Judiciary
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 4 §§5 & 6, Constn
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S589
2013-2014: S1163
2015-2016: S1330
2017-2018: S2687
2019-2020: S785
2021-2022: S1503
2023-2024: S2687
2009-S7682 (ACTIVE) - Summary
Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature; allows the governor to leave the state without transmitting power to lieutenant-governor and establishes the process for lieutenant-governor to act as governor during incapacitation of the governor.
2009-S7682 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7682 TITLE OF BILL : CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to sections 5 and 6 of article 4 of the constitution, relating to the filling of vacancies in the office of lieutenant-governor and the powers and duties of such office PURPOSE : To adopt for the New York Constitution's provisions governing the selection and powers of the lieutenant-governor corresponding provisions of the U.S. Constitution governing the vice president. SUMMARY OF PROVISIONS : Section 1 amends article 4, section 5, to allow the governor to leave the state without transmitting executive power to the lieutenant-governor. This section also authorizes the governor to temporarily transmit executive power to the lieutenant-governor by written instrument transmitted to the legislative leaders, and to provide a process by which the lieutenant-governor, cabinet and Legislature can address conflicts over apparent incapacity of the governor. Section 2 amends article 4, section 6, to direct that the governor shall fill a vacancy in the office of lieutenant-governor for the duration of the term by appointment subject to confirmation by both
2009-S7682 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7682 I N S E N A T E April 30, 2010 ___________ Introduced by Sens. BRESLIN, SCHNEIDERMAN, SAMPSON, VALESKY, KRUEGER, ADAMS, DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to sections 5 and 6 of article 4 of the constitu- tion, relating to the filling of vacancies in the office of lieuten- ant-governor and the powers and duties of such office Section 1. Resolved (if the Assembly concur), That the third undesig- nated paragraph of section 5 of article 4 of the constitution be amended to read as follows: In case the governor is impeached[, is absent from the state or is otherwise unable to discharge the powers and duties of the office of governor], the lieutenant-governor shall act as governor until [the inability shall cease or until] the term of the governor shall expire. WHENEVER THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY HIS OR HER WRITTEN DECLARATION THAT HE OR SHE IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OR HER OFFICE, AND UNTIL HE OR SHE TRANSMITS TO THEM A WRITTEN DECLARATION TO THE CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE LIEUTENANT- GOVERNOR AS ACTING GOVERNOR. WHENEVER THE LIEUTENANT-GOVERNOR AND A MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR OF SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THEIR WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OR HER OFFICE, THE LIEUTENANT-GOVERNOR SHALL IMME- DIATELY ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR. THEREAFTER, WHEN THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY HIS OR HER WRITTEN DECLARA- TION THAT NO INABILITY EXISTS, HE OR SHE SHALL RESUME THE POWERS AND DUTIES OF HIS OR HER OFFICE UNLESS THE LIEUTENANT-GOVERNOR AND A MAJORI- TY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR OF SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT WITHIN FOUR DAYS TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THEIR WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OR HER OFFICE. THEREUPON THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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