NY State Senate Bill 2023-S9541

Senate Bill S9541

2023-2024 Legislative Session

Relates to the filling of vacancies in the office of lieutenant-governor or governor and the powers and duties of such offices

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	opinion referred to judiciary
May 17, 2024	to attorney-general for opinion
May 16, 2024	referred to judiciary

2023-S9541 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §§5 & 6, add §9, amd Art 6 §24, Constn

2023-S9541 (ACTIVE) - Summary

Relates to the filling of vacancies in the office of lieutenant-governor or governor and the powers and duties of such offices; establishes the committee on gubernatorial disability.

2023-S9541 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9541

SPONSOR: SKOUFIS
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 4 and article 6 of the constitution, in relation to the fill-
ing of vacancies in the office of lieutenant-governor or governor and
the powers and duties of such offices

 
PURPOSE:

The purpose of the Act is to improve procedures for transfers of the
governor's powers and duties. The Act eliminates the provision that
transfers the governor's powers and duties whenever he or she leaves the
state; creates procedures for declaring the governor, lieutenant gover-
nor, or acting governor unable; and clarifies and adds provisions
related to how and when successors serve as acting governor or governor.
These reforms to the current methods of power transfers will improve
stability, predictability, and democratic legitimacy in the leadership
of the executive branch.

SUMMARY OF PROVISIONS:

Section (1) amends section 5 of article 4 of the constitution by permit-
ting the legislature to pass a statute outlining procedures regarding
who shall act as governor if both the governor-elect and lieutenant-gov-
ernor elect decline to serve, die, become unable, or are ineligible to
take office or if the election for the governor's and lieutenant gover-
nor's offices has failed to produce a result. Additionally, this section
removes the absence provision from section 5, which currently requires
that the governor's powers be automatically transferred to the lieuten-
ant governor whenever the governor leaves the state.

Section (2) amends section 6 of article 4 of the constitution by clari-
fying the line of succession procedures for when both the offices of the
governor and lieutenant governor are vacant, or both are impeached or
otherwise unable to serve. Specifically, the clarifications provide
details on how power is transferred back to the governor or lieutenant
governor following vacancies or inabilities. Moreover, it also describes
how to determine a successor if none of the successors designated by the
legislature via statute are able to serve or if there are vacancies in
their offices. This section also removes the provision that allows the
temporary president of the senate to perform the lieutenant governor's
duties during a vacancy or inability. Additionally, this section adds a
requirement that if the temporary president of the senate or the speaker
of the assembly act as governor, he or she is prohibited from discharg-
ing legislative powers and duties while acting as governor. If the
temporary president of the senate or the speaker of the assembly contin-
ues acting as governor for more than 60 days, he or she must resign from
their legislative office. This section further clarifies that any person
in the line of succession may decline to serve and that any person
acting as governor has the full powers and duties of the governor and is
subject to the procedures in section 9.

Section (3) adds a new section 9 to article 4 of the constitution, which
creates procedures for determining the inability of the governor, lieu-
tenant governor, or acting governor to discharge the powers and duties
of the office. The amendment creates a committee on gubernatorial disa-
bility that can act to declare the governor, lieutenant governor, or
acting governor unable to discharge the powers and duties of the office.
Additionally, the amendment gives the legislature the power, when there
is a disagreement between the committee and the governor or lieutenant
governor regarding inability, to vote to determine whether the governor,
lieutenant governor, or acting governor is unable to discharge the
powers and duties of the office.

Section (4) amends section 24 of article 6 of the constitution to
prohibit the speaker of the assembly from voting on an impeachment
against the governor or lieutenant governor.

Section (5) Provides that this amendment be referred to the first regu-
lar 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.

 
JUSTIFICATION:

New York's current procedures for gubernatorial succession are plagued
by gaps and ambiguities. Furthermore, the procedures can produce
outcomes that undermine democratic_legitimacy and create instability in
the leadership of the executive branch. The absence provision, which
needlessly transfers power whenever the governor leaves the state, can
harm the state by, among other things, allowing multiple people to claim
the powers of the governor's office. The constitution's current lack of
procedures for declaring the governor and lieutenant governor unable
could prevent transfers of power when the governor is not able to serve
the state. Finally, the constitution's current line of succession
provisions are ambiguous and present separation of powers concerns by
making it possible for lawmakers to simultaneously serve as acting
governor while continuing to discharge legislative powers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2023-S9541 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9541
 
                             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 Judiciary
 
             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

   Section 1. Resolved (if the Assembly concur), That section 5 of  arti-
 cle 4 of the constitution be amended to read as follows:
   §  5. In case of the removal of the governor from office or of [his or
 her] THE GOVERNOR 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] SUCH  GOVERNOR-ELECT'S  term,
 the  lieutenant-governor-elect  shall act as governor until the governor
 shall take the oath.
   THE LEGISLATURE MAY BY LAW PROVIDE  FOR  THE  CASE  WHEREIN  BOTH  THE
 GOVERNOR-ELECT AND THE LIEUTENANT-GOVERNOR-ELECT SHALL DECLINE TO SERVE,
 DIE,  BE  INELIGIBLE FOR OFFICE, OR OTHERWISE BE UNABLE TO TAKE THE OATH
 OF OFFICE AT THE COMMENCEMENT OF THE TERM, OR IN THE  CASE  WHEREIN  THE
 ELECTION  FAILS  TO  PRODUCE  A RESULT, INCLUDING BY DECLARING WHO SHALL
 THEN ACT AS GOVERNOR OR THE MANNER IN WHICH ONE WHO IS TO ACT  SHALL  BE
 SELECTED,  AND  SUCH  PERSON  SHALL  ACT ACCORDINGLY UNTIL A GOVERNOR OR
 LIEUTENANT-GOVERNOR SHALL HAVE QUALIFIED.
   § 2. Resolved (if the Assembly concur), That section 6 of article 4 of
 the constitution be amended to read as follows:
   § 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] THEIR services an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89140-01-4
 S. 9541                             2
 
 annual salary to be fixed by joint resolution of the senate  and  assem-
 bly.
   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
 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 EARLIER OF THE CESSATION OF THE VACANCY  OR  inability  [shall
 cease]  OF  THE  GOVERNOR OR LIEUTENANT-GOVERNOR or until a NEW 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 presi-
 dent 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 tempo-
 rary president of the senate shall be [absent from the state  or  other-
 wise]  unable to discharge the POWERS AND duties of THE OFFICE OF gover-
 nor, the speaker of the assembly shall act  as  governor  [during  such]
 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.
   WHENEVER  THE  TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
 ASSEMBLY SHALL ACT AS GOVERNOR, THAT OFFICER SHALL BE REQUIRED TO VACATE
 THAT OFFICER'S SEAT IN THE LEGISLATURE AND THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE  OR  SPEAKER  OF  THE ASSEMBLY POSITION. NOTWITHSTANDING THE
 FOREGOING, IF THE TEMPORARY PRESIDENT OF THE SENATE OR  THE  SPEAKER  OF
 THE  ASSEMBLY  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, UNDER SECTION NINE OF THIS ARTICLE, THE TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE OR SPEAKER OF THE ASSEMBLY SHALL NOT BE
 REQUIRED TO VACATE THAT OFFICER'S SEAT IN THE LEGISLATURE AND THE TEMPO-
 RARY PRESIDENT OF THE SENATE OR SPEAKER OF THE ASSEMBLY POSITION  UNLESS
 PROVIDED  BELOW, BUT THAT PERSON SHALL NOT BE PERMITTED TO DISCHARGE ANY
 POWERS AND DUTIES OF THAT OFFICER'S  SEAT  IN  THE  LEGISLATURE  OR  ANY
 POWERS AND DUTIES OF THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF
 THE ASSEMBLY POSITION UNTIL THAT PERSON IS NO LONGER ACTING AS GOVERNOR.
 HOWEVER,  IF THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
 ASSEMBLY ACTS AS GOVERNOR BEYOND SIXTY CONSECUTIVE  DAYS,  THAT  OFFICER
 SHALL  THEN BE REQUIRED TO VACATE THAT OFFICER'S SEAT IN THE LEGISLATURE
 AND THE TEMPORARY PRESIDENT OF THE SENATE OR  SPEAKER  OF  THE  ASSEMBLY
 POSITION,  AND  SUCH VACANCY SHALL NOT RENDER THAT OFFICER INELIGIBLE TO
 CONTINUE TO ACT AS GOVERNOR. THE TEMPORARY PRESIDENT OF  THE  SENATE  OR
 SPEAKER OF THE ASSEMBLY MAY DECLINE TO ACT AS GOVERNOR, THUS MAKING THEM
 UNABLE TO ACT AS GOVERNOR.
   The  legislature  may provide for the devolution of the duty of acting
 as governor in any case not provided for in  this  article.  SHOULD  THE
 LEGISLATURE  PROVIDE  A  LINE  OF  SUCCESSION  BEYOND THE SPEAKER OF THE
 ASSEMBLY, IT SHALL CONSIST OF EITHER STATEWIDE ELECTED OFFICERS OR HEADS
 OF EXECUTIVE DEPARTMENTS WHO HAVE BEEN CONFIRMED BY THE SENATE  TO  LEAD
 S. 9541                             3
 
 THEIR  DEPARTMENTS,  OR  A COMBINATION THEREOF. IF THE DUTY OF ACTING AS
 GOVERNOR DEVOLVES UPON ANY OFFICIAL IN A LINE OF SUCCESSION PROVIDED  BY
 THE  LEGISLATURE,  SUCH OFFICIAL SHALL ACT AS GOVERNOR UNTIL THE EARLIER
 OF THE CESSATION OF THE VACANCY OR INABILITY OF THE GOVERNOR OR LIEUTEN-
 ANT-GOVERNOR OR THE ELECTION OF A NEW GOVERNOR. IF THE DUTY OF ACTING AS
 GOVERNOR  DEVOLVES UPON A LINE OF SUCCESSION PROVIDED BY THE LEGISLATURE
 AND NO OFFICIAL IN THAT LINE IS ABLE TO DISCHARGE THE POWERS AND  DUTIES
 OF  THE  OFFICE  OF  GOVERNOR,  WHETHER DUE TO INABILITY OR VACANCY, THE
 OFFICIAL WHO IS HIGHEST IN ORDER OF THE FOLLOWING LIST WHOSE VACANCY  OR
 INABILITY  HAS  CEASED  SHALL  ACT  AS GOVERNOR UNTIL THE EARLIER OF THE
 CESSATION OF THE VACANCY OR INABILITY OF THE GOVERNOR OR LIEUTENANT-GOV-
 ERNOR OR THE ELECTION OF A NEW  GOVERNOR:  TEMPORARY  PRESIDENT  OF  THE
 SENATE AND SPEAKER OF THE ASSEMBLY.
   IF  AN  OFFICIAL  ACTS  AS  GOVERNOR UNDER THIS SECTION, SUCH OFFICIAL
 SHALL DISCHARGE ALL THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR  AND
 SHALL BE SUBJECT TO SECTION NINE OF THIS ARTICLE AS IF SUCH OFFICIAL HAD
 BEEN ELECTED GOVERNOR.
   §  3. Resolved (if the Assembly concur), That article 4 of the consti-
 tution be amended to add a new section 9 to read as follows:
   § 9. 1. GOVERNOR'S DECLARATION OF  INABILITY.  WHENEVER  THE  GOVERNOR
 TRANSMITS  TO  THE  LIEUTENANT-GOVERNOR,  THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  SENATE
 AND THE MINORITY LEADER OF THE ASSEMBLY A WRITTEN DECLARATION OF INABIL-
 ITY  TO  DISCHARGE  THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR, AND
 UNTIL THE GOVERNOR THEREAFTER TRANSMITS TO THEM A WRITTEN DECLARATION TO
 THE CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE LIEUTEN-
 ANT-GOVERNOR, OR OTHER PERSON NEXT IN LINE OF SUCCESSION AS PROVIDED  BY
 LAW, AS ACTING GOVERNOR.
   2.  LIEUTENANT-GOVERNOR'S DECLARATION OF INABILITY. WHENEVER THE LIEU-
 TENANT-GOVERNOR TRANSMITS TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE,  THE  SPEAKER  OF  THE ASSEMBLY, THE MINORITY LEADER OF THE
 SENATE AND THE MINORITY LEADER OF THE ASSEMBLY A WRITTEN DECLARATION  OF
 INABILITY  TO  DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF LIEUTEN-
 ANT-GOVERNOR, AND UNTIL THE LIEUTENANT-GOVERNOR THEREAFTER TRANSMITS  TO
 THEM  A  WRITTEN  DECLARATION  TO  THE CONTRARY, THE LIEUTENANT-GOVERNOR
 SHALL NOT HAVE THE POWERS AND DUTIES OF THE OFFICE OF  LIEUTENANT-GOVER-
 NOR  AND  THE  LINE OF SUCCESSION TO THE GOVERNOR'S OFFICE SHALL EXCLUDE
 THE LIEUTENANT-GOVERNOR, AND THE PERSON NEXT IN LINE  OF  SUCCESSION  AS
 PROVIDED BY LAW SHALL SERVE AS ACTING GOVERNOR IF THE LINE OF SUCCESSION
 IS INVOKED.
   3.  COMMITTEE ON GUBERNATORIAL INABILITY. A COMMITTEE ON GUBERNATORIAL
 INABILITY SHALL BE COMPRISED OF THE  LIEUTENANT-GOVERNOR,  THE  ATTORNEY
 GENERAL,  COMPTROLLER  AND SIX HEADS OF EXECUTIVE DEPARTMENTS, DIVISIONS
 OR OFFICES, AS PROVIDED BY LAW, WHO SHALL HAVE  BEEN  CONFIRMED  BY  THE
 SENATE  TO LEAD THEIR DEPARTMENTS, DIVISIONS OR OFFICES. FOR THE PURPOSE
 OF DETERMINING LIEUTENANT-GOVERNOR INABILITY  UNDER  SUBDIVISIONS  FIVE,
 SEVEN AND NINE OF THIS SECTION, THE GOVERNOR SHALL TAKE THE PLACE OF THE
 LIEUTENANT-GOVERNOR ON THE COMMITTEE.
   4.  LIEUTENANT-GOVERNOR  AND  COMMITTEE  ON  GUBERNATORIAL INABILITY'S
 DECLARATION OF THE GOVERNOR'S INABILITY.  WHENEVER  A  MAJORITY  OF  THE
 COMMITTEE  ON  GUBERNATORIAL  INABILITY  SHALL TRANSMIT TO THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY  THEIR  WRITTEN
 DECLARATION  THAT  THE  GOVERNOR  IS  UNABLE TO DISCHARGE THE POWERS AND
 DUTIES OF THE OFFICE OF GOVERNOR, THE  LIEUTENANT-GOVERNOR  SHALL  IMME-
 DIATELY ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR.
 S. 9541                             4
 
   5.  GOVERNOR AND COMMITTEE ON GUBERNATORIAL INABILITY'S DECLARATION OF
 THE LIEUTENANT-GOVERNOR'S INABILITY. WHENEVER A MAJORITY OF THE  COMMIT-
 TEE ON GUBERNATORIAL INABILITY SHALL TRANSMIT TO THE TEMPORARY PRESIDENT
 OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
 SENATE AND THE MINORITY LEADER OF THE ASSEMBLY THEIR WRITTEN DECLARATION
 THAT  THE  LIEUTENANT-GOVERNOR  IS  UNABLE  TO  DISCHARGE THE POWERS AND
 DUTIES OF THE OFFICE  OF  LIEUTENANT-GOVERNOR,  THE  LIEUTENANT-GOVERNOR
 SHALL  NOT HAVE THE POWERS AND DUTIES OF THE OFFICE OF LIEUTENANT-GOVER-
 NOR AND THE LINE OF SUCCESSION TO THE GOVERNOR'S  OFFICE  SHALL  EXCLUDE
 THE  LIEUTENANT-GOVERNOR,  AND  THE PERSON NEXT IN LINE OF SUCCESSION AS
 PROVIDED BY LAW SHALL SERVE AS ACTING GOVERNOR IF THE LINE OF SUCCESSION
 IS INVOKED.
   6. GOVERNOR'S DECLARATION OF NO INABILITY. WHEN, FOLLOWING A  DECLARA-
 TION  OF  INABILITY AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, THE
 GOVERNOR TRANSMITS TO THE LIEUTENANT-GOVERNOR, THE  TEMPORARY  PRESIDENT
 OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
 SENATE AND THE MINORITY LEADER OF THE  ASSEMBLY  A  WRITTEN  DECLARATION
 THAT  NO  INABILITY  EXISTS,  THE  GOVERNOR  SHALL RESUME THE POWERS AND
 DUTIES OF THE OFFICE OF GOVERNOR ON THE FOURTH  DAY  AFTER  MAKING  SUCH
 ANNOUNCEMENT  OR  AT SUCH EARLIER TIME AFTER SUCH ANNOUNCEMENT AS MAY BE
 DETERMINED BY THE COMMITTEE, UNLESS  A  MAJORITY  OF  THE  COMMITTEE  ON
 GUBERNATORIAL INABILITY SHALL TRANSMIT WITHIN FOUR DAYS TO THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  OF  THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY THEIR WRITTEN
 DECLARATION THAT THE GOVERNOR IS UNABLE  TO  DISCHARGE  THE  POWERS  AND
 DUTIES OF THE OFFICE OF GOVERNOR.
   7.  LIEUTENANT-GOVERNOR'S DECLARATION OF NO INABILITY. WHEN, FOLLOWING
 A DECLARATION OF INABILITY AS  PROVIDED  IN  SUBDIVISION  FIVE  OF  THIS
 SECTION,  THE  LIEUTENANT-GOVERNOR TRANSMITS TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE  MINORITY
 LEADER  OF  THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY A WRITTEN
 DECLARATION THAT NO  INABILITY  EXISTS,  THE  LIEUTENANT-GOVERNOR  SHALL
 RESUME  THE  POWERS  AND DUTIES OF THE OFFICE OF LIEUTENANT-GOVERNOR AND
 RETURN TO THE LINE OF SUCCESSION TO THE GOVERNOR'S OFFICE ON THE  FOURTH
 DAY  AFTER  MAKING  SUCH ANNOUNCEMENT OR AT SUCH EARLIER TIME AFTER SUCH
 ANNOUNCEMENT AS MAY BE DETERMINED BY THE COMMITTEE, UNLESS A MAJORITY OF
 THE COMMITTEE ON GUBERNATORIAL INABILITY SHALL TRANSMIT WITHIN FOUR DAYS
 TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,
 THE  MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEM-
 BLY THEIR WRITTEN DECLARATION THAT THE LIEUTENANT-GOVERNOR IS UNABLE  TO
 DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF LIEUTENANT-GOVERNOR.
   8. LEGISLATIVE DETERMINATION OF GUBERNATORIAL INABILITY. IF THERE IS A
 DISAGREEMENT  BETWEEN  THE  GOVERNOR  AND A MAJORITY OF THE COMMITTEE ON
 GUBERNATORIAL INABILITY CONCERNING WHETHER THE  GOVERNOR  IS  UNABLE  TO
 DISCHARGE  THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR, THE LEGISLA-
 TURE SHALL DECIDE WHETHER THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
 AND DUTIES OF THE OFFICE OF THE GOVERNOR, ASSEMBLING WITHIN  FORTY-EIGHT
 HOURS  FROM  THE  EXPIRATION  OF  THE FOUR DAYS DESCRIBED ABOVE FOR THAT
 PURPOSE IF NOT IN SESSION. IF THE LEGISLATURE,  WITHIN  TWENTY-ONE  DAYS
 AFTER  BEING  REQUIRED  TO ASSEMBLE FOR THAT PURPOSE, DETERMINES BY TWO-
 THIRDS VOTE OF ALL MEMBERS ELECTED TO EACH  HOUSE  OF  THE  LEGISLATURE,
 EACH  HOUSE  ACTING SEPARATELY, THAT THE GOVERNOR IS UNABLE TO DISCHARGE
 THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR, THE LIEUTENANT-GOVERNOR
 SHALL CONTINUE TO EXERCISE THE POWERS AND DUTIES OF THE OFFICE OF GOVER-
 NOR; OTHERWISE, THE GOVERNOR SHALL RESUME THE POWERS AND DUTIES OF  THAT
 OFFICE.
 S. 9541                             5

   9.   LEGISLATIVE  DETERMINATION  OF  LIEUTENANT-GOVERNOR-GUBERNATORIAL
 INABILITY. IF THERE IS A DISAGREEMENT  BETWEEN  THE  LIEUTENANT-GOVERNOR
 AND  A  MAJORITY  OF THE COMMITTEE ON GUBERNATORIAL INABILITY CONCERNING
 WHETHER THE LIEUTENANT-GOVERNOR IS UNABLE TO DISCHARGE  THE  POWERS  AND
 DUTIES  OF  THE  OFFICE  OF  LIEUTENANT-GOVERNOR,  THE LEGISLATURE SHALL
 DECIDE WHETHER THE LIEUTENANT-GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
 AND DUTIES OF THE OFFICE, ASSEMBLING WITHIN FORTY-EIGHT HOURS  FROM  THE
 EXPIRATION  OF  THE FOUR DAYS DESCRIBED ABOVE FOR THAT PURPOSE IF NOT IN
 SESSION. IF THE LEGISLATURE, WITHIN TWENTY-ONE DAYS AFTER BEING REQUIRED
 TO ASSEMBLE FOR THAT PURPOSE,  DETERMINES  BY  TWO-THIRDS  VOTE  OF  ALL
 MEMBERS  ELECTED  TO  EACH  HOUSE  OF THE LEGISLATURE, EACH HOUSE ACTING
 SEPARATELY, THAT THE LIEUTENANT-GOVERNOR  IS  UNABLE  TO  DISCHARGE  THE
 POWERS  AND DUTIES OF THE OFFICE OF LIEUTENANT-GOVERNOR, THE LIEUTENANT-
 GOVERNOR SHALL REMAIN WITHOUT THE POWERS AND DUTIES OF  THE  OFFICE  AND
 THE  LINE  OF  SUCCESSION  TO  THE  GOVERNOR'S  OFFICE SHALL CONTINUE TO
 EXCLUDE  THE  LIEUTENANT-GOVERNOR;  OTHERWISE,  THE  LIEUTENANT-GOVERNOR
 SHALL RESUME THE POWERS AND DUTIES OF THAT OFFICE.
   10. PROCEDURE FOR VACANCY IN THE COMMITTEE ON GUBERNATORIAL INABILITY.
 IF  THERE  IS  A  VACANCY  IN THE OFFICE OF LIEUTENANT-GOVERNOR WHEN THE
 LEGISLATURE MAKES ITS DETERMINATION  UNDER  SUBDIVISION  EIGHT  OF  THIS
 SECTION,  THE  PERSON  NEXT  IN  LINE OF SUCCESSION AS DETERMINED BY LAW
 SHALL ACT AS GOVERNOR UNDER THE PROCEDURES SET FORTH  IN  THIS  SECTION.
 FOR  THE PURPOSES OF SUBDIVISIONS FOUR, FIVE, SIX, SEVEN, EIGHT AND NINE
 OF THIS SECTION, SHOULD THERE BE A VACANCY IN THE COMMITTEE ON  GUBERNA-
 TORIAL  INABILITY OR SHOULD THE COMMITTEE BE OTHERWISE UNABLE TO COLLECT
 THE VOTES OF ALL MEMBERS, A WRITTEN DECLARATION OR TRANSMISSION REQUIRED
 UNDER THOSE SECTIONS SHALL REQUIRE A TWO-THIRDS VOTE OF THE MEMBERS  WHO
 ARE VOTING.
   §  4.  Resolved (if the Assembly concur), That section 24 of article 6
 of the constitution be amended to read as follows:
   § 24. The assembly shall have the power of impeachment by a vote of  a
 majority of all the members elected thereto. THE SPEAKER OF THE ASSEMBLY
 SHALL NOT VOTE ON AN IMPEACHMENT AGAINST THE GOVERNOR OR LIEUTENANT-GOV-
 ERNOR.  The court for the trial of impeachments shall be composed of the
 president of the senate, the senators, or the major part  of  them,  and
 the  judges  of  the court of appeals, or the major part of them. On the
 trial of an impeachment against  the  governor  or  lieutenant-governor,
 neither  the  lieutenant-governor  nor  the  temporary  president of the
 senate shall act as a member of the court.  No  judicial  officer  shall
 exercise  [his  or her] SUCH OFFICER'S office after articles of impeach-
 ment against [him or her] SUCH OFFICER shall have been preferred to  the
 senate,  until  [he  or  she]  SUCH  OFFICER  shall have been acquitted.
 Before the trial of an impeachment, the members of the court shall  take
 an  oath  or  affirmation  truly  and impartially to try the impeachment
 according to the evidence, and no person shall be convicted without  the
 concurrence  of  two-thirds of the members present. Judgment in cases of
 impeachment shall not extend further than to  removal  from  office,  or
 removal  from  office  and disqualification to hold and enjoy any public
 office of honor, trust, or  profit  under  this  state;  but  the  party
 impeached shall be liable to indictment and punishment according to law.
   §  5.  Resolved (if the Assembly 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.

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