Senate Bill S1111

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2012	opinion referred to judiciary
Jan 09, 2012	to attorney-general for opinion
Jan 04, 2012	referred to judiciary
Apr 27, 2011	opinion referred to judiciary
Jan 14, 2011	to attorney-general for opinion
Jan 05, 2011	referred to judiciary

2011-S1111 (ACTIVE) - Details

See Assembly Version of this Bill:: A69
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §§5 & 6, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7549, A208
2013-2014: A5115

2011-S1111 (ACTIVE) - 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.

2011-S1111 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1111

 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 allow the Governor to appoint a new
Lieutenant Governor in the case of a permanent vacancy in the office
of Lieutenant Governor, subject to the confirmation of a majority vote
of the State Senate and State Assembly.

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

 JUSTIFICATION :
The Constitution is silent on the matter of a permanent vacancy in the

position of Lieutenant-governor. Historically, a vacancy in the
Lieutenant-governor's office went unfilled -- e.g., the 1984
resignation of Lieutenant Governor Alfred DelBello -- opening a
potential succession to the Governor's position to legislative leaders
not elected statewide. Despite the lack of explicit constitutional
authorization however, in September of 2009, the Court of Appeals
voted 4-3 to uphold Governor David Paterson's appointment of Richard
Ravitch to the office of Lieutenant-Governor, which has clouded. the
succession process.

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.

New York's Lieutenant Governor is elected on the same general election
ballot as the Governor, and is thought of as running on the same
"ticket" as the gubernatorial candidate during the electoral process.
In a sense, therefore, the gubernatorial candidates have approved of
their running mates.  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.

This legislation provides that in the case of permanent vacancy in the
office of lieutenant-governor, 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. The appointee shall have the authority 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.

This legislation also provides for a change to the existing
constitutional language concerning the powers of the Governor when
such individual is outside of the borders of New York. 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 :

2010:  S.7549/A.208-A  Referred to the Judiciary
2008:  A.7167 -- Judiciary

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
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.

2011-S1111 (ACTIVE) - Bill Text download pdf

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

                                  1111

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            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
than  three  months  after  both  offices  shall  have become vacant. No

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89011-01-1

S. 1111                             2

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 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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Senate Bill S1111

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2011-S1111 (ACTIVE) - Details

2011-S1111 (ACTIVE) - Summary

2011-S1111 (ACTIVE) - Sponsor Memo

2011-S1111 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2011-S1111 (ACTIVE) - Details

2011-S1111 (ACTIVE) - Summary

2011-S1111 (ACTIVE) - Sponsor Memo

2011-S1111 (ACTIVE) - Bill Text download pdf

Comments