Bill Text: NY S01969 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-10 - OPINION REFERRED TO JUDICIARY [S01969 Detail]
Download: New_York-2017-S01969-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1969 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ 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 1 Section 1. RESOLVED (if the Assembly concur), That section 5 of arti- 2 cle 4 of the constitution be amended to read as follows: 3 § 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 § 2. RESOLVED (if the Assembly concur), That section 6 of article 4 of 16 the constitution be amended to read as follows: 17 § 6. The lieutenant-governor shall possess the same qualifications of 18 eligibility for office as the governor. The lieutenant-governor shall be 19 the president of the senate but shall have only a casting vote therein. 20 The lieutenant-governor shall receive for his or her services an annual 21 salary to be fixed by joint resolution of the senate and assembly. 22 In case of vacancy in the offices of both governor and lieutenant-gov- 23 ernor, a governor and lieutenant-governor shall be elected for the 24 remainder of the term at the next general election happening not less 25 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. LBD89020-01-7S. 1969 2 1 election of a lieutenant-governor shall be had in any event except at 2 the time of electing a governor. 3 In case of vacancy in the offices of both governor and lieutenant-gov- 4 ernor or if both of them shall be impeached[, absent from the state] or 5 otherwise unable to discharge the powers and duties of the office of 6 governor, the temporary president of the senate shall act as governor 7 until the inability shall cease or until a governor shall be elected. 8 In case of temporary vacancy in the office of lieutenant-governor 9 alone, [or if the lieutenant-governor shall be impeached, absent] for 10 absence from the state or otherwise [unable] inability to discharge the 11 duties of office, the temporary president of the senate shall perform 12 all the duties of lieutenant-governor during such vacancy or inability. 13 In case of permanent vacancy in the office of lieutenant-governor 14 alone, on grounds of impeachment, resignation, death, or otherwise 15 permanent absence from the state, the governor shall appoint a lieuten- 16 ant-governor within thirty days of such permanent vacancy, subject to 17 the confirmation by a majority vote in the state senate and a majority 18 vote in the state assembly within thirty days of such appointment by the 19 governor, to perform all duties of such office for the remainder of the 20 term. If either the senate or the assembly fails to confirm such 21 appointment then the governor shall make a new appointment subject to 22 the confirmation by a majority vote in the state senate and a majority 23 vote in the state assembly. 24 If, when the duty of acting as governor devolves upon the temporary 25 president of the senate, there be a vacancy in such office or the tempo- 26 rary president of the senate shall be absent from the state or otherwise 27 unable to discharge the duties of governor, the speaker of the assembly 28 shall act as governor during such vacancy or inability. 29 The legislature may provide for the devolution of the duty of acting 30 as governor in any case not provided for in this article. 31 § 3. RESOLVED (if the Assembly concur), That the foregoing amendments 32 be referred to the first regular legislative session convening after the 33 next succeeding general election of members of the assembly, and, in 34 conformity with section 1 of article 19 of the constitution, be 35 published for 3 months previous to the time of such election.
