Bill S2050A-2013

Provides for the appointment of a replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of office

Provides for the appointment of a permanent replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of the office.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.108
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1015
  • May 23, 2013: PRINT NUMBER 2050A
  • May 23, 2013: AMEND AND RECOMMIT TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 10, 2013: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Judiciary - Jun 4, 2013
Ayes (19): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Savino, Carlucci, Hassell-Thompson, Adams, Breslin, Dilan, Espaillat, Perkins, Stavisky, Hoylman, Addabbo
Ayes W/R (2): Ranzenhofer, Zeldin
Nays (2): Hannon, LaValle
VOTE: COMMITTEE VOTE: - Judiciary - Feb 4, 2014
Ayes (19): Bonacic, DeFrancisco, Flanagan, Hannon, Lanza, Little, Nozzolio, O'Mara, Savino, Carlucci, Hassell-Thompson, Breslin, Dilan, Espaillat, Perkins, Stavisky, Hoylman, Addabbo, Squadron
Ayes W/R (2): Ranzenhofer, Zeldin
Nays (1): LaValle

Memo

BILL NUMBER:S2050A

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 5 and 6 of article 4 of the constitution, in relation to duties of and the appointment of lieutenant-governor

PURPOSE OR GENERAL IDEA OF BILL: The proposed amendment would allow the Governor of New York State to appoint a new Lieutenant Governor with the approval of the Senate, and the Assembly in the case of a permanent vacancy in the office of the Lieutenant Governor.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the resolution would amend Article 4 Section 6 of the New York State Constitution to read as follows:

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 lieutenant-governor within thirty days of such a permanent vacancy, subject to the confirmation by a majority vote in the state senate and a majority vote in the state assembly within thirty days of such appointment by the governor, to perform all duties of such office for the remainder of the term. If either the senate or the assembly fails to confirm such appointment then the governor will make a new appointment subject to the confirmation by a majority vote in the state senate and a majority vote in the state assembly.

In addition, the Lieutenant Governor shall not act as the governor when the governor is absent from the state.

EXISTING LAW: § 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-governor, a governor and lieutenant-governor shall be elected for the remainder of the term at the next general election happening not less 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-governor 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 vacancy in the office of lieutenant-governor alone, or if the lieutenant-governor shall be impeached, absent from the state or otherwise unable 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.

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 temporary 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.

JUSTIFICATION: There is nothing in the Constitution that applies to a permanent vacancy. In past situations, a vacancy in the Lieutenant Governor's office went unfilled (most recently, the 1984 resignation of Lieutenant Governor Alfred DelBello), opening a potential succession to the Governor's position to legislative leaders not elected statewide. New Jersey - which does not have a Lieutenant Governor, twice had gubernatorial resignations over the past 10 years (Christie Todd Whitman, Jim McGreevy) with acting gubernatorial authority devolving to State Senate leadership.

Since the Lieutenant Governor is elected on the same general election ballot as the Governor; and is generally approved of the gubernatorial candidate during the electoral process, it makes proper sense to allow the Governor to appoint a successor Lieutenant Governor when a vacancy occurs, to complete the term until the next gubernatorial election. In the 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 lieutenant 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 until the next gubernatorial election. State Senate and State Assembly confirmation is provided as the standard check-and-balance, similar to the process used to select a U. S. Vice President when a vacancy occurs. In addition, today's technology allows access to all pertinent information thereby allowing the governor to continue his duties and function as such while absent from state.

PRIOR LEGISLATIVE HISTORY: 2007-08: A.7167 (Latimer) Referred to Judiciary 2009-2010: A.208 (Latimer) Referred to Judiciary 2011-2012: A69 (Latimer) OPINION REFERRED TO JUDICIARY 2011-2012: S111 (Parker) OPINION REFERRED TO JUDICIARY

FISCAL IMPLICATIONS: No cost to state

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This amendment shall take effect the first regular legislative session convening after the next succeeding general election of members of the Assembly.


Text

STATE OF NEW YORK ________________________________________________________________________ 2050--A 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________
Introduced by Sens. LATIMER, DILAN, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 Assembly concur), That section 5 of arti- cle 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 Assembly 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. LBD89062-02-3 S. 2050--A 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 WITHIN THIRTY DAYS OF SUCH PERMANENT VACANCY, SUBJECT TO THE CONFIRMATION BY A MAJORITY VOTE IN THE STATE SENATE AND A MAJORITY VOTE IN THE STATE ASSEMBLY WITHIN THIRTY DAYS OF SUCH APPOINTMENT BY THE GOVERNOR, TO PERFORM ALL DUTIES OF SUCH OFFICE FOR THE REMAINDER OF THE TERM. IF EITHER THE SENATE OR THE ASSEMBLY FAILS TO CONFIRM SUCH APPOINTMENT THEN THE GOVERNOR SHALL MAKE A NEW APPOINTMENT SUBJECT TO THE CONFIRMATION BY A MAJORITY VOTE IN THE STATE SENATE AND A MAJORITY VOTE IN THE STATE ASSEMBLY. 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 Assembly 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus