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.
STATE OF NEW YORK
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208--A
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. LATIMER, BENEDETTO, FIELDS, GALEF, MAISEL --
Multi-Sponsored by -- M. of A. CAHILL, CAMARA, LUPARDO, MARKEY, STIRPE
-- read once and referred to the Committee on Governmental Operations
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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 Senate concur), That section 5 of article
2 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 Senate 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89023-02-9
A. 208--A 2
1 In case of vacancy in the offices of both governor and lieutenant-gov-
2 ernor, a governor and lieutenant-governor shall be elected for the
3 remainder of the term at the next general election happening not less
4 than three months after both offices shall have become vacant. No
5 election of a lieutenant-governor shall be had in any event except at
6 the time of electing a governor.
7 In case of vacancy in the offices of both governor and lieutenant-gov-
8 ernor or if both of them shall be impeached[, absent from the state] or
9 otherwise unable to discharge the powers and duties of the office of
10 governor, the temporary president of the senate shall act as governor
11 until the inability shall cease or until a governor shall be elected.
12 In case of temporary vacancy in the office of lieutenant-governor
13 alone, [or if the lieutenant-governor shall be impeached, absent] for
14 absence from the state or otherwise [unable] inability to discharge the
15 duties of office, the temporary president of the senate shall perform
16 all the duties of lieutenant-governor during such vacancy or inability.
17 In case of permanent vacancy in the office of lieutenant-governor
18 alone, on grounds of impeachment, resignation, death, or otherwise
19 permanent absence from the state, the governor shall appoint a lieuten-
20 ant-governor, subject to the confirmation by a majority vote in the
21 state senate and a majority vote in the state assembly, to perform all
22 duties of such office for the remainder of the term.
23 If, when the duty of acting as governor devolves upon the temporary
24 president of the senate, there be a vacancy in such office or the tempo-
25 rary president of the senate shall be absent from the state or otherwise
26 unable to discharge the duties of governor, the speaker of the assembly
27 shall act as governor during such vacancy or inability.
28 The legislature may provide for the devolution of the duty of acting
29 as governor in any case not provided for in this article.
30 § 3. Resolved (if the Senate concur), That the foregoing amendments be
31 referred to the first regular legislative session convening after the
32 next succeeding general election of members of the assembly, and, in
33 conformity with section 1 of article 19 of the constitution, be
34 published for 3 months previous to the time of such election.
