S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5189
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred 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 Senate 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
 SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW  PROVIDE  TRANSMIT  WITHIN
 FOUR  DAYS  TO  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89046-01-3
 A. 5189                             2

 THE ASSEMBLY THEIR WRITTEN DECLARATION THAT THE GOVERNOR  IS  UNABLE  TO
 DISCHARGE  THE  POWERS  AND  DUTIES  OF HIS OR HER OFFICE. THEREUPON THE
 LEGISLATURE SHALL DECIDE THE ISSUE, ASSEMBLING WITHIN FORTY-EIGHT  HOURS
 FOR  THAT  PURPOSE IF NOT IN SESSION. IF THE LEGISLATURE, WITHIN TWENTY-
 ONE DAYS AFTER RECEIPT OF THE LATTER WRITTEN  DECLARATION,  OR,  IF  THE
 LEGISLATURE IS NOT IN SESSION, WITHIN TWENTY-ONE DAYS AFTER THE LEGISLA-
 TURE  IS  REQUIRED  TO  ASSEMBLE,  DETERMINES BY TWO-THIRDS VOTE OF BOTH
 HOUSES THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF
 HIS OR HER OFFICE, THE LIEUTENANT-GOVERNOR SHALL CONTINUE  TO  DISCHARGE
 THE  SAME  AS  ACTING GOVERNOR; OTHERWISE, THE GOVERNOR SHALL RESUME THE
 POWERS AND DUTIES OF HIS OR HER OFFICE.
   § 2. Resolved (if the Senate concur), That the third, fourth and fifth
 undesignated paragraphs of section 6 of article 4 of the constitution be
 amended to read as follows:
   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 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 pres-
 ident  of the senate shall perform all the duties of lieutenant-governor
 [during] UNTIL such vacancy BE FILLED or DURING  THE  PENDENCY  OF  SUCH
 inability.  IN CASE OF THE REMOVAL OF THE LIEUTENANT-GOVERNOR ALONE FROM
 OFFICE  OR OF HIS OR HER DEATH, RESIGNATION, IMPEACHMENT OR ASCENSION TO
 GOVERNOR, THE OFFICE OF LIEUTENANT-GOVERNOR  SHALL  BE  FILLED  FOR  THE
 REMAINDER OF THE TERM BY APPOINTMENT OF THE GOVERNOR, SUBJECT TO CONFIR-
 MATION  OF SUCH APPOINTMENT BY MAJORITY VOTE OF EACH HOUSE OF THE LEGIS-
 LATURE.
   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 other-
 wise] unable to discharge the duties of governor,  the  speaker  of  the
 assembly shall act as governor during such vacancy or inability.
   §  3. Resolved (if the Senate concur), That the foregoing amendment 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.