BILL NUMBER: S7816

SPONSOR: SKOUFIS
 
TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 4 of the constitution, in relation to
the line of succession to the office of the governor

 
PURPOSE:

To address flaws in the constitution's gubernatorial line of succession
provisions by creating procedures to protect separation of powers,
resolving ambiguities and gaps, expanding the Legislature's authority to
enact gubernatorial succession legislation, and eliminating the
provision that transfers powers and duties due to absences from the
state.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 5 of Article 4 of the Constitution. This
section (1) clarifies the events that end an acting-governor's tenure by
triggering transfers of powers and duties back to the incumbent governor
              

or to a newly elected governor; (2) removes the provision in the consti-
tution's article IV, section 5 that requires transfer of the governor's
powers and duties to the lieutenant-governor whenever the governor is
"absent from the state"; and (3) authorizes the Legislature to create
succession procedures if: (a) both the governor-elect and lieutenant-
governor-elect decline to serve, die, are ineligible, or are unable
before the commencement of the term; (b) the lieutenant-governor-elect
is ineligible or unable at the commencement of the term; or (c) the
election fails to produce a result.

Section 2: Amends Section 6 of Article 4 of the Constitution. This
section (1) removes the provisions in article IV, section 6 that (a)
require transfer of the lieutenant-governor's powers and duties whenever
the lieutenant-governor is "absent from the state" and (b) prevent the
lieutenant-governor and temporary president of the Senate from acting as
governor when they are "absent from the state"; (2) prohibits the tempo-
rary president of the Senate from exercising a casting (tie-breaking)
vote in the Senate while acting as lieutenant-governor; (3) requires
lawmakers who act as governor for over 60 days to resign from their
legislative office and prohibits those who act as governor for less than
60 days from exercising legislative powers; (4) allows lawmakers to
decline acting as governor; (5) requires that a line of succession to
the governor's office enacted by the Legislature consist of statewide
elected officers, members of the Legislature, or heads of executive
departments who have been confirmed by the Senate, or a combination
thereof; (6) requires that a successor take an oath or affirmation
before acting as governor; and (7) clarifies that an acting-governor is
authorized to discharge all the powers and duties of the office of
governor.

Section 3: Sets the effective date.

 
JUSTIFICATION:

The constitution's current provisions for the gubernatorial line of
succession undermine separation of powers principles, contain ambigui-

ties and gaps, and create the risk of instability in the executive
branch. This amendment would alleviate these concerns.

This amendment strengthens the separation of powers by preventing
successors from simultaneously exercising powers in two branches of
government. The constitution lists the temporary president of the Senate
and speaker of the Assembly as the next successors to the governor's
office after the lieutenant-governor. This amendment would require those
lawmakers to resign from the Legislature if they serve as acting-gover-
nor for more than 60 days. It would also prevent them from exercising
legislative powers if they act as governor for less than 60 days. With-
out these requirements, members of the legislative branch, if acting as
governor, could both shape and vote on legislation as lawmakers and sign
or veto such legislation as acting-governor. This mixing of powers
between branches undermines the separation of powers. Given that lawmak-
ers may wish to retain their legislative offices if called upon to act
as governor, this amendment allows them to decline serving as acting-
governor.

To further prevent excessive mixing of powers between the branches, this
amendment prevents the temporary president of the Senate, if acting as
lieutenant-governor, from having the lieutenant-governor's "tie-breaking
vote" in the Senate.

Next, this amendment provides for the possibility that an official in
the line of succession to the governor's office might be incapacitated.
By requiring that a successor take an oath or affirmation before serving
as acting-governor, the amendment prevents an incapacitated official
from becoming acting-governor.

This amendment also introduces criteria for successors beyond those
listed in the constitution. It mandates that officials in a line of
succession created by the Legislature be (1) statewide elected officers;
(2) members of the Legislature; or (3) heads of executive departments
who have been Senate-confirmed to lead their departments, or a combina-
tion thereof. This limitation ensures that all successors have meaning-
ful democratic legitimacy. Statewide elected officers-the attorney
general and comptroller-and lawmakers have been selected by New York
voters, and executive department heads have been nominated by the gover-
nor and confirmed by the people's representatives in the Senate. Addi-
tionally, the eligibility requirements ensure that successors are
prepared to serve as acting-governor. Statewide elected officials and
department heads are likely familiar with the governor's responsibil-
ities, and, having led executive departments, these officials are likely
to possess the leadership skills and experience in government adminis-
tration necessary to act as governor.  Lawmakers have relevant expertise
through their work on a wide range of policy issues.

To further minimize the risk of confusion regarding when succession
procedures may be invoked, this amendment authorizes the Legislature to
provide procedures for situations that the constitution does not explic-
itly address. The constitution currently only authorizes the Legislature
to provide procedures for one pre-inaugural contingency: the governor-
elect's death, declination, or failure to take the office at the
commencement of the term. Therefore, this amendment authorizes the
Legislature to provide for cases where (1) both the governor-elect and
lieutenant-governor-elect decline to serve, die, are ineligible, or are
unable before the commencement of the term; (2) the lieutenant-gover-
nor-elect is ineligible or unable at the commencement of the term; and
(3) the election fails to produce a result. Providing these powers
allows lawmakers to address a broader range of succession contingencies.

The amendment also clarifies ambiguous language. It implements consist-
ent language to specify the events by which the acting-governor will
cease to act as governor and the incumbent governor or a newly elected
governor will assume the powers and duties of office. Additionally, this
bill expressly provides that the acting-governor is authorized to
discharge all powers and duties of the office of governor. This guaran-
tees that acting-governors are not limited in their ability to govern.

Finally, the amendment eliminates the provisions that (1) require trans-
fers of power when the governor or lieutenant-governor are "absent from
the state" and (2) prevent the lieutenant-governor, temporary president
of the Senate, and speaker of the Assembly from serving as acting-gover-
nor if they are "absent from the state." These provisions are anti-
quated, can discourage officials from travelling outside the state, and
can cause disputes about the legality of gubernatorial actions and who
is authorized to discharge the powers and duties of the governor's
office.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.