Senate Bill S545

                                 BILL NUMBER:  S545

 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 leader ship.

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: A.69 (Latimer) OPINION REFERRED TO JUDICIARY
2011-2012: S.111 (Parker) OPINION REFERRED TO JUDICIARY
2013-2014: S.2050A (Latimer) Referred to Judiciary
2013-2014: A.5115A (Galef) 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.