NY State Senate Bill 2023-S9575

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
May 16, 2024	referred to investigations and government operations

2023-S9575 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §43, add §§44 & 45, Pub Off L; rpld Art 1-A, Chap 343 of 1959

2023-S9575 (ACTIVE) - Summary

Relates to the appointment of a lieutenant-governor and the line of succession; creates the committee on gubernatorial disability.

2023-S9575 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9575

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the appointment
of a lieutenant-governor and the line of succession and establishes the
committee on gubernatorial disability; and to repeal article 1-A of the
New York state defense emergency act of 1951 relating thereto

 
PURPOSE:

To improve the method by which a lieutenant-governor is appointed when
the office is vacant and to improve the line of succession to the gover-
nor's office.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 43 of the public officers law by creating a
procedure to fill a vacancy in the office of lieutenant-governor. The
process begins when the governor nominates an individual. Next, both
houses of the legislature must hold a vote within 60 days of receiving

the nomination. If the nominee is confirmed by a majority of both houses
or if one or both houses fail to act within 60 days, the nominee shall
take the office. Otherwise, the nominee is rejected and the governor
must nominate another individual within 30 days. Then, the legislature
would also have 30 days using the procedure outlined above to either
confirm or reject the nominee. If the legislature rejects the governor's
nominations in both the 60-day and 30-day time periods, the governor has
power to appoint a lieutenant-governor from a list of executive depart-
ment heads who have been confirmed by the legislature as well as the
State Attorney General and the State Comptroller. Additionally, this
section establishes that (1) the appointed individual may not be anyone
who has already been rejected by the legislature during the 60-day and
30-day period, (2) the appointed individual must immediately resign from
his or her position, and (3) if the governor does not nominate an indi-
vidual, the legislature shall fill the vacancy using the procedure used
for attorney general and comptroller vacancies.

Section 2: Amends the public officers law to add a new section 44 and
amends the line of succession to the office of the governor that follows
the constitutionally-enumerated one. If the lieutenant-governor, tempo-
rary president of the senate, and speaker of the assembly are unable to
act as governor or their offices are vacant, then the following offi-
cials, in this order, would act as governor: (1) comptroller, (2) attor-
ney general, and (3) secretary of state. This section also prohibits
acting heads of executive departments from serving as acting governor
and requires the officer next highest in the order to act as governor if
an officer in the line of succession is unable or declines to act as
governor. Also creates and names positions for the Committee on guberna-
torial disability.

Section 3: Repeals Article 1-a of the Defense Emergency Act.

Section 4: Provides effective date.

 
JUSTIFICATION:


The purpose of the proposed amendment is to improve the method for fill-
ing vacancies in the office lieutenant-governor and strengthen the line
of succession to the office of the governor.

With respect to lieutenant-governor vacancies, the governor currently
has power to appoint an individual to the lieutenant-governor's office,
which runs contrary to principles of democratic legitimacy and account-
ability. The clearly enumerated process described in this bill makes
lieutenant-governor replacement a more predictable and stable process.

Regarding the line of succession to the governor's office, the current
line includes heads of departments that no longer exist or whose names
have changed and is only usable in the event of vacancies in the gover-
nor's office due to an attack or disaster, leaving a range of contingen-
cies uncovered. This bill's newly proposed line resolves these flaws.
Additionally, it establishes a new line of succession that emphasizes
democratic legitimacy and preparedness to serve as acting governor.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the same date as a "CONCURRENT RESOLUTION
OF THE SENATE AND ASSEMBLY proposing an amendment to article 4 and arti-
cle 6 of the constitution, in relation to the filling of vacancies in
the office of lieutenant-governor or governor and the powers and duties
of such offices" takes effect, in accordance with section 1 of article
19 of the constitution.

2023-S9575 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9575
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation to the  appointment
   of  a  lieutenant-governor  and the line of succession and establishes
   the committee on gubernatorial disability; and to repeal  article  1-A
   of the New York state defense emergency act of 1951 relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 43 of the public officers  law,  as  renumbered  by
 chapter 649 of the laws of 1922, is amended to read as follows:
   § 43. Filling  other vacancies. 1. If a vacancy shall occur, otherwise
 than by expiration of term, with no provision of  law  for  filling  the
 same,  if the office be elective, the governor shall appoint a person to
 execute the duties thereof until the  vacancy  shall  be  filled  by  an
 election. But if the term of such officer shall expire with the calendar
 year in which the appointment shall be made, or if the office be appoin-
 tive, the appointee shall hold for the residue of the term.
   2.  A. IN THE CASE OF A VACANCY IN THE OFFICE OF THE LIEUTENANT-GOVER-
 NOR OTHER THAN BY EXPIRATION OF THE TERM OF OFFICE, THE GOVERNOR  SHALL,
 WITHIN  SIXTY DAYS FROM THE DATE OF CREATION OF THE VACANCY, NOMINATE AN
 INDIVIDUAL TO HOLD THE OFFICE OF LIEUTENANT-GOVERNOR FOR  THE  REMAINDER
 OF THE TERM. THIS INDIVIDUAL SHALL BE REQUIRED TO SATISFY THE QUALIFICA-
 TIONS  OF  ELIGIBILITY  FOR  OFFICE  AS THE GOVERNOR. THE GOVERNOR SHALL
 CONVEY THE NOMINATION TO THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 SPEAKER  OF THE ASSEMBLY AND SHALL MAKE PUBLIC THE NOMINATION. THE NOMI-
 NEE SHALL TAKE OFFICE UPON CONFIRMATION BY A VOTE IN EACH HOUSE  OF  THE
 LEGISLATURE  BY  A  MAJORITY  OF ALL MEMBERS ELECTED TO SUCH HOUSE TAKEN
 WITHIN SIXTY DAYS OF RECEIVING THE NOMINATION. IF EITHER  HOUSE  OF  THE
 LEGISLATURE SHALL VOTE TO REJECT THE NOMINATION WITHIN SAID TIME PERIOD,
 THE  NOMINATION  SHALL  BE  DEEMED  REJECTED AND THE GOVERNOR SHALL HAVE
 THIRTY DAYS FROM THE DATE OF THE FIRST VOTE  OF  REJECTION  TO  NOMINATE
 ANOTHER  INDIVIDUAL  TO  SERVE AS LIEUTENANT-GOVERNOR, WHO SHALL THEN BE
 SUBJECT TO THE CONFIRMATION PROCEDURE DESCRIBED IN THIS PARAGRAPH EXCEPT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15524-02-4
 S. 9575                             2

 THAT THE LEGISLATURE SHALL HAVE THIRTY DAYS RATHER THAN  SIXTY  DAYS  TO
 ACT. IF THE LEGISLATURE FAILS TO EITHER CONFIRM OR REJECT ANY NOMINATION
 FOR  LIEUTENANT-GOVERNOR  WITHIN SIXTY DAYS OF RECEIVING THE FIRST NOMI-
 NATION  OR  THIRTY DAYS FOR ANY SUBSEQUENT NOMINATION TO FILL A SPECIFIC
 VACANCY, THE NOMINEE SHALL ASSUME THE OFFICE OF LIEUTENANT-GOVERNOR.
   B. DURING THE SIXTY-DAY AND THIRTY-DAY  PERIODS,  THE  GOVERNOR  SHALL
 HAVE  THE  POWER  TO  WITHDRAW A NOMINATION FOR A REPLACEMENT LIEUTENANT
 GOVERNOR.  IF A GOVERNOR WITHDRAWS A NOMINATION IN EITHER  TIME  PERIOD,
 THEN  THE  NEXT  TIME  PERIOD  SHALL NOT COMMENCE, UNLESS THE WITHDRAWAL
 POWER HAS ALREADY BEEN EXERCISED ONCE. WHERE THE GOVERNOR EXERCISES  THE
 WITHDRAWAL  POWER IN THE FIRST AND ONLY INSTANCE THE GOVERNOR SHALL HAVE
 THE SAME AMOUNT OF TIME AS  THE  GOVERNOR  PREVIOUSLY  HAD  TO  NOMINATE
 ANOTHER  CANDIDATE,  AND  THE  LEGISLATURE SHALL HAVE THE SAME AMOUNT OF
 TIME AS PREVIOUSLY CONFERRED TO CONFIRM OR REJECT THE NOMINATION.  IF  A
 GOVERNOR  CHOOSES  TO  WITHDRAW A NOMINEE AND NOMINATE A NEW PERSON, ANY
 CHANGE IN NOMINATION THEREAFTER SHALL RESULT IN THE NEXT TIME PERIOD  OR
 REPLACEMENT MECHANISM COMMENCING.
   C.  IF  THE LEGISLATURE REJECTS THE GOVERNOR'S NOMINATIONS IN BOTH THE
 SIXTY-DAY AND THIRTY-DAY TIME PERIODS, THEN  THE  GOVERNOR  SHALL  IMME-
 DIATELY  HAVE  POWER TO APPOINT A LIEUTENANT-GOVERNOR FROM THE FOLLOWING
 LIST: COMPTROLLER, ATTORNEY GENERAL, AND THE HEADS OF EXECUTIVE  DEPART-
 MENTS WHO HAVE BEEN CONFIRMED BY THE LEGISLATURE FOR THEIR CURRENT POSI-
 TION, EXCLUDING ACTING HEADS OF EXECUTIVE DEPARTMENTS.
   D. THE GOVERNOR MAY NOT APPOINT ANYONE FOR LIEUTENANT GOVERNOR WHO WAS
 PREVIOUSLY  NOMINATED  AND REJECTED BY THE LEGISLATURE DURING THE SIXTY-
 DAY AND THIRTY-DAY TIME PERIOD.
   E. WHEN THE GOVERNOR APPOINTS A LIEUTENANT GOVERNOR FROM THE AFOREMEN-
 TIONED LIST OF OFFICIALS, THE CHOSEN CANDIDATE SHALL IMMEDIATELY  RESIGN
 FROM  SUCH  OFFICIAL'S  FORMER  POSITION  SHOULD SUCH OFFICIAL CHOOSE TO
 ACCEPT THE APPOINTMENT AND SHALL NOT SIMULTANEOUSLY SERVE IN  MORE  THAN
 ONE GOVERNMENT OFFICE.
   F. IF THE GOVERNOR SHALL NOT NOMINATE AN INDIVIDUAL TO HOLD THE OFFICE
 OF  LIEUTENANT-GOVERNOR WITHIN SIXTY DAYS OF THE CREATION OF THE VACANCY
 OR WITHIN THIRTY DAYS OF THE REJECTION OF A NOMINATION BY A HOUSE OF THE
 LEGISLATURE, THE LEGISLATURE SHALL FILL THE POSITION IN ACCORDANCE  WITH
 THE PROCEDURE PROVIDED BY LAW FOR FILLING VACANCIES IN THE OFFICE OF THE
 ATTORNEY GENERAL AND COMPTROLLER.
   §  2. The public officers law is amended by adding two new sections 44
 and 45 to read as follows:
   § 44. PERSONS ELIGIBLE TO SUCCEED GOVERNOR. 1.  FOR  THE  PURPOSES  OF
 SECTIONS  SIX  AND NINE OF ARTICLE IV OF THE CONSTITUTION, IF THE OFFICE
 OF GOVERNOR BECOMES VACANT OR IF THE  GOVERNOR  SHALL  BE  IMPEACHED  OR
 OTHERWISE UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF THE
 GOVERNOR,  AND  EACH OF THE LIEUTENANT GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY IS EITHER UNABLE  TO  ACT
 AS GOVERNOR OR THEIR OFFICE IS VACANT, THEN THE OFFICER OF THE STATE WHO
 IS  HIGHEST  IN  ORDER OF THE FOLLOWING LIST SHALL ACT AS GOVERNOR UNTIL
 THE EARLIER OF THE CESSATION OF THE VACANCY OR INABILITY OF THE GOVERNOR
 OR LIEUTENANT-GOVERNOR OR UNTIL A NEW GOVERNOR SHALL BE  ELECTED:  COMP-
 TROLLER,  ATTORNEY  GENERAL,  AND SECRETARY OF STATE, PROVIDED THAT SUCH
 OFFICER OTHERWISE MEETS THE CRITERIA SET FORTH IN  THE  CONSTITUTION  TO
 SERVE  AS  GOVERNOR.  TO BE ABLE TO ACT AS GOVERNOR, AN OFFICIAL ON THIS
 LIST MUST HAVE BEEN CONFIRMED BY THE SENATE OR ELECTED BY THE VOTERS  TO
 LEAD THEIR RESPECTIVE DEPARTMENT.
   2.  WHENEVER  ANY  OFFICER  LISTED  IN SUBDIVISION ONE OF THIS SECTION
 SHALL ACT AS GOVERNOR, THAT OFFICER SHALL BE  REQUIRED  TO  VACATE  THAT
 S. 9575                             3
 
 OFFICER'S  PRIOR POSITION. NOTWITHSTANDING THE FOREGOING, IF ANY OFFICER
 LISTED IN SUBDIVISION ONE OF THIS SECTION SHALL ACT AS GOVERNOR  IN  THE
 CASE  OF  IMPEACHMENT  OF  THE  GOVERNOR  OR IN THE CASE THE GOVERNOR IS
 UNABLE  TO  DISCHARGE  THE POWERS AND DUTIES OF THE OFFICE, THAT OFFICER
 SHALL NOT BE REQUIRED TO VACATE THAT  OFFICER'S  PRIOR  POSITION  UNLESS
 OTHERWISE  REQUIRED  BY  THIS  SUBDIVISION, BUT THAT PERSON SHALL NOT BE
 PERMITTED TO DISCHARGE ANY POWERS AND DUTIES  OF  THAT  OFFICER'S  PRIOR
 POSITION  UNTIL  THAT  PERSON  NO  LONGER  HOLDS THE OFFICE OF GOVERNOR.
 HOWEVER, IF ANY OFFICER ACTS AS GOVERNOR BEYOND SIXTY CONSECUTIVE  DAYS,
 THAT OFFICER SHALL THEN BE REQUIRED TO VACATE THAT OFFICER'S PRIOR POSI-
 TION,  AND  SUCH  VACATION  SHALL  NOT RENDER THAT OFFICER INELIGIBLE TO
 CONTINUE TO ACT AS GOVERNOR.
   3. ANY OFFICER LISTED IN SUBDIVISION ONE OF THIS SECTION  MAY  DECLINE
 TO  ACT  AS GOVERNOR, THUS MAKING THEM UNABLE TO ACT AS GOVERNOR. IN THE
 EVENT ANY OFFICER LISTED IN SUBDIVISION ONE OF THIS SECTION IS UNABLE TO
 ACT AS GOVERNOR OR DOES NOT POSSESS THE SAME QUALIFICATIONS OF ELIGIBIL-
 ITY FOR OFFICE AS THE GOVERNOR, THE OFFICER NEXT HIGHEST  IN  ORDER  WHO
 DOES  MEET THE QUALIFICATIONS OF ELIGIBILITY SHALL ACT AS GOVERNOR UNTIL
 THE EARLIER OF THE CESSATION OF THE VACANCY OR INABILITY OF THE GOVERNOR
 OR LIEUTENANT-GOVERNOR OR THE ELECTION OF A NEW GOVERNOR.
   4. ANY OFFICIAL ACTING AS GOVERNOR UNDER THIS SECTION SHALL  DISCHARGE
 ALL THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR AS IF THE INDIVIDUAL
 HAD BEEN ELECTED GOVERNOR.
   §  45.  COMMITTEE  ON  GUBERNATORIAL  DISABILITY.  1. THERE SHALL BE A
 COMMITTEE ON GUBERNATORIAL DISABILITY, CONSISTING OF THE LIEUTENANT-GOV-
 ERNOR, ATTORNEY GENERAL, COMPTROLLER, AND HEADS OF THE FOLLOWING DEPART-
 MENTS AND OFFICES, PROVIDED THEY HAVE BEEN CONFIRMED BY THE  SENATE  FOR
 THE COMMISSIONER POSITION:
   A. DIVISION OF CRIMINAL JUSTICE SERVICES.
   B. DEPARTMENT OF HEALTH.
   C. DIVISION OF HUMAN RIGHTS.
   D. DEPARTMENT OF LABOR.
   E. OFFICE OF MENTAL HYGIENE.
   F. DEPARTMENT OF STATE.
   2.  THE  COMMITTEE ON GUBERNATORIAL DISABILITY SHALL PERFORM THE FUNC-
 TIONS SET FORTH IN ARTICLE IV, SECTION 9 OF THE STATE CONSTITUTION.
   § 3. Article 1-A of the New York state defense emergency act, as added
 by chapter 343 of the laws of 1959, is REPEALED.
   § 4.  This act shall take effect on the same  date  as  a  "CONCURRENT
 RESOLUTION  OF THE SENATE AND ASSEMBLY proposing an amendment to article
 4 and article 6 of the constitution,  in  relation  to  the  filling  of
 vacancies  in  the  office  of  lieutenant-governor  or governor and the
 powers and duties of such offices"  takes  effect,  in  accordance  with
 section 1 of article 19 of the constitution.

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Senate Bill S9575

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2023-S9575 (ACTIVE) - Details

2023-S9575 (ACTIVE) - Summary

2023-S9575 (ACTIVE) - Sponsor Memo

2023-S9575 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2023-S9575 (ACTIVE) - Details

2023-S9575 (ACTIVE) - Summary

2023-S9575 (ACTIVE) - Sponsor Memo

2023-S9575 (ACTIVE) - Bill Text download pdf

Comments