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

                                  2845

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. SCHIMMINGER, GALEF, GUNTHER, KAVANAGH, JAFFEE,
  MAISEL, FIELDS, KELLNER, LANCMAN, CAMARA,  DINOWITZ,  BROOK-KRASNY  --
  Multi-Sponsored by -- M. of A. CHRISTENSEN, COOK, DelMONTE, GABRYSZAK,
  GOTTFRIED,  JEFFRIES,  JOHN,  KOON, LIFTON, LUPARDO, MAGEE, MAYERSOHN,
  ORTIZ, PAULIN, REILLY, J. RIVERA, SCARBOROUGH, STIRPE, SWEENEY,  TOWNS
  -- 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 and section 3 of
  article  6 of the constitution, in relation to gubernatorial inability
  and succession

  Section 1. Resolved (if the Senate concur), That sections 5 and  6  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.
  WHENEVER  THE  GOVERNOR  TRANSMITS  TO THE CHIEF JUDGE OF THE COURT OF
APPEALS, THE LIEUTENANT-GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND  THE
MINORITY  LEADER  OF  THE ASSEMBLY A WRITTEN DECLARATION OF INABILITY TO
DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR, AND UNTIL THE
GOVERNOR THEREAFTER TRANSMITS TO  THEM  A  WRITTEN  DECLARATION  TO  THE
CONTRARY,  SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE LIEUTENANT-
GOVERNOR OR OTHER PERSON NEXT IN LINE OF SUCCESSION, AS ACTING GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89052-01-9

A. 2845                             2

  WHENEVER THE  LIEUTENANT-GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,
AND THE MINORITY LEADER OF THE ASSEMBLY, ACTING UNANIMOUSLY, TRANSMIT TO
THE CHIEF JUDGE OF THE COURT OF APPEALS THEIR WRITTEN  DECLARATION  THAT
THE  GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE
OF GOVERNOR, TOGETHER WITH THE REASONS FOR THEIR DECLARATION, THE  CHIEF
JUDGE SHALL, UPON DUE NOTICE TO THE GOVERNOR, PROMPTLY CONVENE THE COURT
FOR  THE PURPOSE OF DETERMINING THE ABILITY OR INABILITY OF THE GOVERNOR
TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE  OF  GOVERNOR.  IF  THE
COURT OF APPEALS DETERMINES THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE
POWERS  AND  DUTIES  OF  THE  OFFICE OF GOVERNOR, SUCH POWERS AND DUTIES
SHALL BE DISCHARGED BY THE LIEUTENANT-GOVERNOR OR OTHER PERSON  NEXT  IN
LINE  OF  SUCCESSION,  AS  ACTING GOVERNOR; OTHERWISE THE GOVERNOR SHALL
CONTINUE TO DISCHARGE THE POWERS AND DUTIES OF SUCH OFFICE. IF, HOWEVER,
AT ANY TIME PRIOR TO THE FINAL ADJUDICATION BY THE COURT,  THE  GOVERNOR
TRANSMITS  A  WRITTEN DECLARATION OF INABILITY TO THE CHIEF JUDGE, LIEU-
TENANT-GOVERNOR, TEMPORARY PRESIDENT  OF  THE  SENATE,  SPEAKER  OF  THE
ASSEMBLY,  MINORITY  LEADER  OF  THE  SENATE, AND MINORITY LEADER OF THE
ASSEMBLY, ALL FURTHER PROCEDURE SHALL BE AS PROVIDED  IN  THE  PARAGRAPH
IMMEDIATELY ABOVE.
  IF  THERE IS A VACANCY IN THE OFFICE OF LIEUTENANT-GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE
SENATE, OR MINORITY LEADER OF THE  ASSEMBLY,  THE  PROCEDURE  SET  FORTH
ABOVE  FOR  DETERMINING  THE  ABILITY  OR  INABILITY  OF THE GOVERNOR TO
DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR SHALL  PROCEED
UPON THE UNANIMOUS DECLARATION OF THE REMAINING OFFICERS.
  AFTER  AN  ADJUDICATION  OF  GUBERNATORIAL  INABILITY  BY THE COURT OF
APPEALS, WHENEVER THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE
ASSEMBLY,  MINORITY  LEADER  OF  THE  SENATE, AND MINORITY LEADER OF THE
ASSEMBLY, ACTING UNANIMOUSLY, TRANSMIT TO THE CHIEF JUDGE THEIR  WRITTEN
DECLARATION  THAT  THE  INABILITY  HAS CEASED, SUCH DECLARATION SHALL BE
CONCLUSIVE AND THE GOVERNOR SHALL RESUME THE POWERS AND  DUTIES  OF  THE
OFFICE OF GOVERNOR.  ABSENT SUCH DECLARATION, BUT NO EARLIER THAN THIRTY
DAYS  AFTER  AN  ADJUDICATION OF GUBERNATORIAL INABILITY BY THE COURT OF
APPEALS, WHENEVER THE GOVERNOR TRANSMITS TO THE CHIEF  JUDGE  A  WRITTEN
DECLARATION  THAT  NO  INABILITY EXISTS, THE CHIEF JUDGE SHALL, UPON DUE
NOTICE TO  THE  LIEUTENANT-GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,
AND THE MINORITY LEADER OF THE ASSEMBLY, RECONVENE  THE  COURT  FOR  THE
PURPOSE  OF  DETERMINING  WHETHER  OR NOT THE INABILITY HAS CEASED.  THE
CHIEF JUDGE SHALL PROMPTLY RECONVENE THE COURT FOR THE PURPOSE OF DETER-
MINING WHETHER OR NOT THE INABILITY HAS CEASED IF THE DECLARATION OF THE
GOVERNOR IS ACCOMPANIED BY THOSE OF A MAJORITY OF THE SPECIFIED LEGISLA-
TIVE OFFICERS. IF THE COURT DETERMINES THAT THE  INABILITY  HAS  CEASED,
THE  GOVERNOR SHALL RESUME THE POWERS AND DUTIES OF THE OFFICE OF GOVER-
NOR; OTHERWISE SUCH POWERS AND DUTIES SHALL CONTINUE TO BE DISCHARGED BY
THE LIEUTENANT-GOVERNOR OR OTHER PERSON NEXT IN LINE OF SUCCESSION.
  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
than  three  months  after  both  offices  shall  have become vacant. No

A. 2845                             3

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 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-gov-
ernor during such vacancy or inability.
  UPON A VACANCY IN THE  OFFICE  OF  LIEUTENANT-GOVERNOR,  THE  GOVERNOR
SHALL  NOMINATE  A  LIEUTENANT-GOVERNOR,  WHO  SHALL TAKE OFFICE FOR THE
REMAINDER OF THE TERM UPON CONFIRMATION BY CONCURRENT RESOLUTION OF BOTH
HOUSES OF THE LEGISLATURE, IF A MAJORITY OF ALL MEMBERS ELECTED TO  EACH
HOUSE CONCUR THEREIN.
  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  other-
wise]  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  2.  Resolved (if the Senate concur), That section 3 of article 6 of
the constitution be amended by adding a new subdivision  c  to  read  as
follows:
  C.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION A OF THIS SECTION,
THE COURT OF APPEALS SHALL HAVE ORIGINAL AND EXCLUSIVE  JURISDICTION  TO
DETERMINE  ALL  QUESTIONS  OF  GUBERNATORIAL INABILITY AS PROVIDED UNDER
ARTICLE FOUR OF THIS CONSTITUTION AND  SHALL  ADOPT  AND  PUBLISH  RULES
THEREFOR.
  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.