NY State Senate Bill 2021-S3774

Senate Bill S3774

2021-2022 Legislative Session

Provides for the filling of vacancies in the office of lieutenant-governor by appointment of the governor subject to confirmation by the senate and assembly

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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
Mar 01, 2022	opinion referred to judiciary
Jan 28, 2022	to attorney-general for opinion
Jan 05, 2022	referred to judiciary
Mar 04, 2021	opinion referred to judiciary
Feb 09, 2021	to attorney-general for opinion
Jan 30, 2021	referred to judiciary

co-Sponsors

2021-S3774 (ACTIVE) - Details

See Assembly Version of this Bill:: A9917
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §6, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6067
2011-2012: S2870
2013-2014: S2234
2015-2016: S2726
2017-2018: S1233
2019-2020: S2015
2023-2024: S1598, A1534

2021-S3774 (ACTIVE) - Summary

Provides for the filling of vacancies in the office of lieutenant-governor by appointment of the governor subject to confirmation by majority vote in the senate and majority vote in the assembly.

2021-S3774 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3774

SPONSOR: GRIFFO
 
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 vacan-
cies in the office of lieutenant-governor

 
PURPOSE:

Provides a method of filling vacancies in the office of the Lieutenant-
Governor.

 
SUMMARY OF PROVISIONS:

This bill would provide that in the case of a vacancy in the office of
Lieutenant-Governor alone, the Governor shall nominate a new Lieuten-
ant-Governor within 30 days of the vacancy, subject to confirmation by
majority votes of both Houses of the Legislature independently. Such
confirmation votes shall be held by each House within 30 days of the

Governor's nomination.

 
JUSTIFICATION:

Some years ago, a vacancy in the office of Lieutenant Governor called
attention to the fact that under current law, there is no method avail-
able to appoint a new Lieutenant Governor. This bill would enact a
system identical to the one used under the Federal Constitution to fill
a vacancy in the office of the Vice-President. Requiring separate votes
from each House of the Legislature, rather than a single vote in joint
session, ensures that no single House has enough votes to confirm the
nomination by itself.

 
LEGISLATIVE HISTORY:

2013-14- S. 2234/A. 2713 -Judiciary Committee.

2015-2016 - S. 2726/A. 5496 - Judiciary Committee.

2017-18 - S. 1233/A. 2049 - Judiciary/Governmental Operations Committee.

2019-20 - S. 2015 -Judiciary Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Upon passage of two separately elected Legislatures and approval by the
voters after such passage.

2021-S3774 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3774
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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, in relation  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 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.
   §  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.
                                                            LBD89041-01-1

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Senate Bill S3774

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Sponsored By

Joseph A. Griffo