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S736Senate2009-2010 SessionSame asA7879

Establishes vacancies in the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor

Sponsor Martin Malavé DilanSD-17+6 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to judiciary
  4. Committed to rules
  5. Advanced to third reading
  6. Opinion referred to judiciary
  7. 2nd report cal.
  8. 1st report cal.17
  9. To attorney-general for opinion
  10. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7879Assembly

Establishes vacancies in the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor

In Assembly Committee · Governmental Operations · Sponsor Brian Kavanagh

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.