senate Bill S2050A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 06 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 23 / May / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 23 / May / 2013
    • PRINT NUMBER 2050A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1015
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 04 / Feb / 2014
    • 1ST REPORT CAL.108
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 19 / Feb / 2014
    • OPINION REFERRED TO JUDICIARY
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5115A
Versions:
S2050
S2050A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Constn
Versions Introduced in Previous Legislative Cycles:
2011-2012: A69, A69
2009-2010: A208A, A208A
2007-2008: A7167, A7167

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2050--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.

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