Assembly Bill A5115A

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

                                 5115--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. GALEF, BENEDETTO, MAISEL -- Multi-Sponsored by --
  M. of A.  CAHILL, CAMARA, LUPARDO, MARKEY -- read once and referred to
  the Committee on Governmental Operations -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

            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

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

                                                           LBD89062-03-3

A. 5115--A                          2

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-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 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.