Bill Text: NY A02485 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the order of succession to the office of lieutenant governor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-11 - enacting clause stricken [A02485 Detail]
Download: New_York-2011-A02485-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2485
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. DESTITO, SCHIMMINGER -- read once and referred to
the Committee on Governmental Operations
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 the succession of individuals to the office of
lieutenant-governor
1 Section 1. Resolved (if the Senate concur), That sections 5 and 6 of
2 article 4 of the constitution be amended to read as follows:
3 S 5. In case of the removal of the governor from office or of his or
4 her death or resignation, the lieutenant-governor shall become governor
5 for the remainder of the term.
6 In case the governor-elect shall decline to serve or shall die, the
7 lieutenant-governor-elect shall become governor for the full term.
8 In case the governor is impeached[, is absent from the state] or is
9 otherwise unable to discharge the powers and duties of the office of
10 governor, the lieutenant-governor shall act as governor until the
11 inability shall cease or until the term of the governor shall expire.
12 In case of the failure of the governor-elect to take the oath of
13 office at the commencement of his or her term, the lieutenant-governor-
14 elect shall act as governor until the governor shall take the oath.
15 S 6. The lieutenant-governor shall possess the same qualifications of
16 eligibility for office as the governor. The lieutenant-governor shall be
17 the president of the senate but shall have only a casting vote therein.
18 The lieutenant-governor shall receive for his or her services an annual
19 salary to be fixed by joint resolution of the senate and assembly.
20 In case of vacancy in the offices of both governor and lieutenant-gov-
21 ernor, a governor and lieutenant-governor shall be elected for the
22 remainder of the term at the next general election happening not less
23 than three months after both offices shall have become vacant. No
24 election of a lieutenant-governor shall be had in any event except at
25 the time of electing a governor.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89081-01-1
A. 2485 2
1 In case of vacancy in the offices of both governor and lieutenant-gov-
2 ernor or if both of them shall be impeached[, absent from the state] or
3 otherwise unable to discharge the powers and duties of the office of
4 governor, the temporary president of the senate shall act as governor
5 until the inability shall cease or until a governor shall be elected.
6 In case of vacancy in the office of lieutenant-governor alone, or if
7 the lieutenant-governor shall be impeached[, absent from the state] or
8 otherwise unable to discharge the duties of office, the temporary presi-
9 dent of the senate shall perform all the duties of lieutenant-governor
10 during such vacancy or inability. A VACANCY IN THE OFFICE OF LIEUTEN-
11 ANT-GOVERNOR FOR OTHER CAUSE THAN EXPIRATION OF TERM OF SERVICE SHALL BE
12 FILLED BY THE LEGISLATURE BY CONCURRENT RESOLUTION.
13 If, when the duty of acting as governor devolves upon the temporary
14 president of the senate, there be a vacancy in such office or the tempo-
15 rary president of the senate shall be [absent from the state or other-
16 wise] unable to discharge the duties of governor, the speaker of the
17 assembly shall act as governor during such vacancy or inability.
18 The legislature may provide for the devolution of the duty of acting
19 as governor in any case not provided for in this article.
20 S 2. Resolved (if the Senate concur), That the foregoing amendments
21 be referred to the first regular legislative session convening after the
22 next succeeding general election of members of the assembly, and, in
23 conformity with section 1 of article 19 of the constitution, be
24 published for 3 months previous to the time of such election.
