NY State Senate Bill 2009-S5205

Senate Bill S5205

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 2010	referred to judiciary
May 12, 2009	opinion referred to judiciary
May 04, 2009	to attorney-general for opinion
Apr 27, 2009	referred to judiciary

2009-S5205 (ACTIVE) - Details

See Assembly Version of this Bill:: A6601
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §6, Constn
Versions Introduced in 2011-2012 Legislative Session:: A6389

2009-S5205 (ACTIVE) - Summary

Establishes vacancies in the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor, subject to confirmation by majority vote of the legislature at a joint session to be held within thirty days of such removal, death, resignation or ascension.

2009-S5205 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5205

 TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to article 4 of the constitution, relating to the filling of
vacancies in the office of lieutenant-governor

 PURPOSE OR GENERAL IDEA OF BILL :
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 SPECIFIC 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, subject to confirmation by majority vote of the
legislature at a joint session to be held within 30 days of such
removal, death, resignation, or ascension.

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 :
There is no provision in the constitution for filling a vacancy in the
office of lieutenant-governor alone. Although there is a provision for
a special election where vacancies occur in both the office of
governor and the office of lieutenant-governor, and although there is
a provision for filling a vacancy in the office of governor alone,
there is no such provision for filling a vacancy in the office of
lieutenant-governor when the office of governor is not vacant. When a
vacancy occurs in the office of lieutenant-governor, the temporary
president of the senate performs all the duties of the
lieutenant-governor during such vacancy, but there is no provision for
actually filling the 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 the powers of governor,
the governor should choose the lieutenant-governor. However, because
the lieutenant-governor is elected at the general election by the
voters, the selection of lieutenant-governor when a vacancy occurs
should not be left solely to the governor, but should be subject to
confirmation by the entire legislature, representing the voters of the
state.

 PRIOR LEGISLATIVE HISTORY :
2007-2008 Judiciary

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately upon amendment of the constitution pursuant to its
provisions.

2009-S5205 (ACTIVE) - Bill Text download pdf

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

                                  5205

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 4 of the constitution, relating to the
  filling of vacancies in the office of lieutenant-governor

  Section 1. Resolved (if the Assembly concur), That section 6 of  arti-
cle 4 of the constitution be amended by adding a new fourth undesignated
paragraph to read as follows:
  IN 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  FOR THE REMAINDER OF THE TERM BY
APPOINTMENT OF THE GOVERNOR, SUBJECT TO CONFIRMATION BY MAJORITY VOTE OF
THE LEGISLATURE AT A JOINT SESSION TO BE HELD WITHIN THIRTY DAYS OF SUCH
REMOVAL, DEATH, RESIGNATION, OR ASCENSION.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89073-01-9

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