senate Bill S1163

2013-2014 Legislative Session

Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 19, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Feb 06, 2013 opinion referred to judiciary
Jan 11, 2013 to attorney-general for opinion
Jan 09, 2013 referred to judiciary

Co-Sponsors

S1163 - Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S589
2009-2010: S7682

S1163 - Summary

Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature; allows the governor to leave the state without transmitting power to lieutenant-governor and establishes the process for lieutenant-governor to act as governor during incapacitation of the governor.

S1163 - Sponsor Memo

S1163 - Bill Text download pdf

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

                                  1163

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. BRESLIN, ADAMS, KRUEGER, PERALTA, SAMPSON, VALESKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing amendments to sections 5 and 6 of article 4 of  the  constitu-
  tion,  relating  to the filling of vacancies in the office of lieuten-
  ant-governor and the powers and duties of such office

  Section 1. Resolved (if the Assembly concur), That the third  undesig-
nated paragraph of section 5 of article 4 of the constitution be amended
to read as follows:
  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.
WHENEVER THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE
AND  SPEAKER  OF  THE ASSEMBLY HIS OR HER WRITTEN DECLARATION THAT HE OR
SHE IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OR  HER  OFFICE,
AND  UNTIL  HE  OR  SHE  TRANSMITS  TO THEM A WRITTEN DECLARATION TO THE
CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE  LIEUTENANT-
GOVERNOR  AS  ACTING  GOVERNOR.  WHENEVER  THE LIEUTENANT-GOVERNOR AND A
MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR
OF SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT TO THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  THEIR
WRITTEN  DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
AND DUTIES OF HIS OR HER OFFICE,  THE  LIEUTENANT-GOVERNOR  SHALL  IMME-
DIATELY  ASSUME  THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR.
THEREAFTER, WHEN THE GOVERNOR TRANSMITS TO THE  TEMPORARY  PRESIDENT  OF
THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY HIS OR HER WRITTEN DECLARA-
TION THAT NO INABILITY EXISTS, HE OR SHE SHALL  RESUME  THE  POWERS  AND
DUTIES OF HIS OR HER OFFICE UNLESS THE LIEUTENANT-GOVERNOR AND A MAJORI-
TY  OF  EITHER  THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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