A69-2011 Actions

• Feb 16, 2012: opinion referred to judiciary
• Jan 18, 2012: to attorney-general for opinion
• Jan 4, 2012: referred to governmental operations
• Mar 21, 2011: opinion referred to judiciary
• Jan 6, 2011: to attorney-general for opinion
• Jan 5, 2011: referred to governmental operations

A69-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          69
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by M. of A. LATIMER, BENEDETTO, GALEF, MAISEL -- Multi-Spon
 sored by -- M. of A.  CAHILL, CAMARA, LUPARDO, MARKEY -- read once and
 referred to the Committee on Governmental Operations
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing an amendment to sections 5 and 6 of article 4 of the constitu
 tion, in relation to duties of and the appointment of  lieutenant-gov
 ernor
 

Section  1. RESOLVED (if the Senate concur), That section 5 of article
 4 of the constitution be amended to read as follows:

 

S 5. In case of the removal of the governor from office or of  his  or
 her  death or resignation, the lieutenant-governor shall become governor
 for the remainder of the term.
 In case the governor-elect shall decline to serve or  shall  die,  the
 lieutenant-governor-elect shall become governor for the full term.
 In  case  the  governor is impeached[, is absent from the state] or is
 otherwise unable to discharge the powers and duties  of  the  office  of
 governor,  the  lieutenant-governor  shall  act  as  governor  until the
 inability shall cease or until the term of the governor shall expire.
 In case of the failure of the  governor-elect  to  take  the  oath  of
 office  at the commencement of his or her term, the lieutenant-governor
 elect shall act as governor until the governor shall take the oath.
 

S 2. RESOLVED (if the Senate concur), That section 6 of article  4  of
 the constitution be amended to read as follows:

 

S  6. The lieutenant-governor shall possess the same qualifications of
 eligibility for office as the governor. The lieutenant-governor shall be
 the president of the senate but shall have only a casting vote  therein.
 The  lieutenant-governor shall receive for his or her services an annual
 salary to be fixed by joint resolution of the senate and assembly.
 In case of vacancy in the offices of both governor and lieutenant-gov
 ernor, a governor and  lieutenant-governor  shall  be  elected  for  the
 remainder  of  the  term at the next general election happening not less
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89011-01-1
 
       A. 69                               2
 than three months after  both  offices  shall  have  become  vacant.  No
 election  of  a  lieutenant-governor shall be had in any event except at
 the time of electing a governor.
 In case of vacancy in the offices of both governor and lieutenant-gov
 ernor  or if both of them shall be impeached[, absent from the state] or
 otherwise unable to discharge the powers and duties  of  the  office  of
 governor,  the  temporary  president of the senate shall act as governor
 until the inability shall cease or until a governor shall be elected.
 In case of TEMPORARY vacancy  in  the  office  of  lieutenant-governor
 alone,  [or  if  the lieutenant-governor shall be impeached, absent] FOR
 ABSENCE from the state or otherwise [unable] INABILITY to discharge  the
 duties  of  office,  the temporary president of the senate shall perform
 all the duties of lieutenant-governor during such vacancy or inability.
 IN CASE OF PERMANENT VACANCY  IN  THE  OFFICE  OF  LIEUTENANT-GOVERNOR
 ALONE,  ON  GROUNDS  OF  IMPEACHMENT,  RESIGNATION,  DEATH, OR OTHERWISE
 PERMANENT ABSENCE FROM THE STATE, THE GOVERNOR SHALL APPOINT A  LIEUTEN
 ANT-GOVERNOR,  SUBJECT  TO  THE  CONFIRMATION  BY A MAJORITY VOTE IN THE
 STATE SENATE AND A MAJORITY VOTE IN THE STATE ASSEMBLY, TO  PERFORM  ALL
 DUTIES OF SUCH OFFICE FOR THE REMAINDER OF THE TERM.
 If,  when  the  duty of acting as governor devolves upon the temporary
 president of the senate, there be a vacancy in such office or the tempo
 rary president of the senate shall be absent from the state or otherwise
 unable to discharge the duties of governor, the speaker of the  assembly
 shall act as governor during such vacancy or inability.
 The  legislature  may provide for the devolution of the duty of acting
 as governor in any case not provided for in this article.
 

S 3. RESOLVED (if the Senate concur), That the foregoing amendments 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.

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