A06601 Summary:

BILL NO    A06601 

SAME AS    Same as S 5205

SPONSOR    Gordon (MS)

COSPNSR    Galef, Jaffee, Kellner, Cook, Brook-Krasny, Cusick

MLTSPNSR   Alfano, Barra, Finch, Gunther, Jeffries, Koon, Maisel, McEneny,
           Molinaro, Scarborough, Sweeney, Thiele

Amd Art 4 S6, Constn

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.

A06601 Actions:

BILL NO    A06601 

03/06/2009 referred to judiciary
03/10/2009 to attorney-general for opinion
04/01/2009 opinion referred to judiciary
01/06/2010 referred to judiciary

A06601 Votes:

A06601 Memo:

BILL NUMBER:A6601

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing an amendment to article 4 of the constitution, relating to the fill-
ing 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 undesig-
nated  paragraph to provide that in the case of the removal of the lieu-
tenant-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 major-
ity 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 pres-
ident 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. Howev-
er, 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.