NY State Senate Bill 2015-S545

Senate Bill S545

2015-2016 Legislative Session

Provides for the appointment of a replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of office

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2016	opinion referred to judiciary
Mar 14, 2016	to attorney-general for opinion
Jan 06, 2016	referred to judiciary
Feb 05, 2015	opinion referred to judiciary
Jan 16, 2015	to attorney-general for opinion
Jan 07, 2015	referred to judiciary

2015-S545 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §§5 & 6, Constn
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2050
2017-2018: S1969

2015-S545 (ACTIVE) - Summary

Provides for the appointment of a permanent replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of the office.

2015-S545 (ACTIVE) - Sponsor Memo

                                 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.

2015-S545 (ACTIVE) - Bill Text download pdf

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

                                   545

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            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 Assembly concur), That section 5 of arti-
cle 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 Assembly 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
remainder of the term at the next general election  happening  not  less
than  three  months  after  both  offices  shall  have become vacant. No

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

                      [ ] is old law to be omitted.
                                                           LBD89041-01-5

S. 545                              2

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 Assembly 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.

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