senate Bill S589

2011-2012 Legislative Session

Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature

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Sponsored By

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2012 opinion referred to judiciary
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Apr 27, 2011 opinion referred to judiciary
Jan 14, 2011 to attorney-general for opinion
Jan 05, 2011 referred to judiciary

Co-Sponsors

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S589 - Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Constn
Versions Introduced in 2009-2010 Legislative Session:
S7682

S589 - 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.

S589 - Sponsor Memo

S589 - Bill Text download pdf

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

                                   589

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. BRESLIN, ADAMS, DUANE, KRUEGER, OPPENHEIMER, PERAL-
  TA, SAMPSON, VALESKY -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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