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NY S07682

Bill

Status

Engrossed

6/15/2010

Primary Sponsor

Jose Peralta

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Amends Article 4, Section 5 of the New York Constitution to establish procedures for the lieutenant-governor to assume gubernatorial powers when the governor is unable to discharge duties, including voluntary declaration by the governor and involuntary assumption by the lieutenant-governor with support from executive officers or a body designated by the legislature.

  • Creates a dispute resolution mechanism whereby the legislature must convene within 48 hours and decide within 21 days by two-thirds vote in both houses whether the governor is unable to discharge powers, with the lieutenant-governor continuing as acting governor if the legislature concurs.

  • Amends Article 4, Section 6 to allow the governor to appoint a replacement lieutenant-governor upon vacancy due to death, resignation, removal, impeachment, or ascension to governor, subject to confirmation by majority vote of both houses of the legislature.

  • Removes language restricting the governor's ability to leave the state, eliminating the automatic transfer of powers when the governor is absent from New York.

  • Requires the proposed amendment to be referred to the first regular legislative session after the next general election and published for three months prior to that election in accordance with constitutional requirements.

Legislative Description

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.

Last Action

referred to judiciary

6/15/2010

Committee Referrals

Judiciary6/15/2010
Judiciary4/30/2010

Full Bill Text

No bill text available