BILL NUMBER: S3454

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the appointment
of a lieutenant-governor

 
PURPOSE:

Authorizes the governor to appoint a lieutenant-governor subject to
confirmation by the legislature.

 
SUMMARY OF PROVISIONS:

Section 1: Amends § 43 of the Public Officers Law to specify that in the
case of vacancy in the Office of the Lieutenant-Governor, the governor
shall nominate a lieutenant-governor who shall take office upon confir-
mation by separate majority votes in each house of the State Legisla-
ture.

Section 2: Sets effective date.
              

 
JUSTIFICATION:

This legislation will ensure that the people of the State of New York
have an orderly and rational framework of governance and succession
built into the law.

In November 2006, Eliot Spitzer was elected Governor and David Paterson
was elected Lieutenant Governor of the State of New York. On March 17,
2008, Governor Spitzer resigned and Lieutenant-Governor Paterson became
Governor. Thus, a vacancy in the Lieutenant-Governor's office existed.
As the Lieutenant-Governor is constitutionally authorized to preside
over the State Senate and cast tie-breaking votes, a vacancy in this
office can cause a great deal of upset to the legislative process. At
the time, however, many took the position that the State Senate, and
indeed state government, could function very well in the absence of a
lieutenant-governor, as it had in past instances of vacancies in the
office.

The June 8, 2009 coup in the State Senate gave us an all-too-real lesson
on the paralyzing legislative gridlock that can result when such a
vacancy is left unfilled. Although there was no clear constitutional
authority to do so, the stalemate prompted the Governor, on July 8,
2009, to appoint a Lieutenant-Governor. This prompted legal action by
that sought a declaratory judgment that the Governor's appointment was
unconstitutional.

On September 22, 2009, the New York State Court of Appeals decided in
the matter of Skelos v. Paterson, that the Governor of the State of New
York indeed has the authority, under the Public Officers Law § 43, to
fill a vacancy in the Office of Lieutenant-Governor by appointment.
Unfortunately, this ruling allows a governor to appoint anyone he or she
wishes to a statewide office without the scrutiny and vetting that is
customary and vital in a democratic government and is accomplished
during the election process and in the appointment process prescribed in
the Constitution for filling vacancies in the offices of attorney gener-
al and comptroller.
This legislation would amend § 43 of the Public Officers Law to specify
that in the case of vacancy in the Office of the Lieutenant-Governor,
the governor shall nominate a lieutenant-governor who shall take office
upon confirmation by separate majority votes in each house of the State
Legislature. This procedure, based on the federal government's process
of filling a vacancy in the Office of Vice President, is necessary to
provide a next-in-line to the governor who is well-equipped to take over
on a moment's notice by virtue of having been privy to the policy and
workings of the governor's office and the executive branch. He or
she,not having been elected to the office of lieutenant-governor by
state-wide voters in the usual way, would at least be the nominee of the
elected governor and enter the office with the vetting and confirmation
of state legislators, who themselves have been elected to represent all
the districts of the state.

 
LEGISLATIVE HISTORY:

Senate

2020 - S5257, Referred to Investigations and Government Operations

2021 - 2022- S1666, Referred to Investigations and Government Operations
Assembly

2009 - A9410, Referred to Governmental Operations

2011 - A3607, Referred to Governmental Operations

2013 - A3345, Referred to Governmental Operations

2015 - A4086, Referred to Governmental Operations

2017- A5343, Referred to Governmental Operations

2020 - A3674, Referred to Governmental Operations

2021 - 2022 - No Same-As

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.