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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

HOUSE JOINT RESOLUTION 44

HOUSE AUTHOR: Ramsay et al.

ELECTION ON: 11-2-99

SENATE SPONSOR: Truan

House Joint Resolution 44 proposes a constitutional amendment relating to succession to the office of the governor and the duties of the lieutenant governor. The amendment provides that if the governor's office becomes permanently vacant or a governor-elect is permanently prevented from taking office, the lieutenant governor or lieutenant governor-elect becomes governor, serves for the remainder of the governor's term, and vacates the lieutenant governor's office. The lieutenant governor or lieutenant governor-elect acts as governor only in cases of temporary absences, disabilities, or conditions. Preceding constitutional language has treated both situations alike, with no succession to the governor's office for permanent vacancies. The amendment clarifies that the senate president pro tempore assumes the lieutenant governor's duties in cases of temporary absences, disabilities, or conditions and assumes the governor's powers if the two top executive officers are both temporarily unavailable to serve. It retains the provision that a Committee of the Whole Senate elects a senator to perform the lieutenant governor's duties in the event of a permanent vacancy in that office.