Provides for the appointment of a replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of office

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 5 and 6 of article 4 of the constitution, in relation to duties of and the appointment of lieutenant-governor

Purpose or general idea of bill

The proposed amendment would allow the Governor of New York State to appoint a new Lieutenant Governor with the approval of the Senate, and the Assembly in the case of a permanent vacancy in the office of the Lieutenant Governor.

Summary of specific provisions

Section 1 of the resolution would amend Article 4 Section 6 of the New York State Constitution to allow the Governor to appoint a new Lieutenant Governor in the case of a permanent vacancy in the office of Lieutenant Governor, subject to the confirmation of a majority vote of the State Senate and State Assembly.

In addition, the Lieutenant Governor shall not act as the governor when the governor is absent from the state.

Justification

The Constitution is silent on the matter of a permanent vacancy in the position of Lieutenant-governor. Historically, a vacancy in the Lieutenant-governor's office went unfilled -- e.g., the 1984 resignation of Lieutenant Governor Alfred DelBello -- opening a potential succession to the Governor's position to legislative leaders not elected statewide. Despite the lack of explicit constitutional authorization however, in September of 2009, the Court of Appeals voted 4-3 to uphold Governor David Paterson's appointment of Richard Ravitch to the office of Lieutenant-Governor, which has clouded. the succession process.

New Jersey - which does not have a Lieutenant Governor, twice had gubernatorial resignations over the past 10 years (Christie Todd Whitman, Jim McGreevy) with acting gubernatorial authority devolving to State Senate leadership.

New York's Lieutenant Governor is elected on the same general election ballot as the Governor, and is thought of as running on the same "ticket" as the gubernatorial candidate during the electoral process. In a sense, therefore, the gubernatorial candidates have approved of their running mates. It makes proper sense to allow the Governor to appoint a successor Lieutenant Governor when a vacancy occurs, to complete the term until the next gubernatorial election.

This legislation provides that in the case of permanent vacancy in the office of lieutenant-governor, on grounds of impeachment, resignation, death, or otherwise permanent absence from the state, the governor shall appoint a lieutenant governor, subject to the confirmation by a majority vote in the state senate and a majority vote in the state assembly. The appointee shall have the authority to perform all duties of such office for the remainder of the term until the next gubernatorial election. State Senate and State Assembly confirmation is provided as the standard check-and-balance, similar to the process used to select a U.S. Vice President when a vacancy occurs.

This legislation also provides for a change to the existing constitutional language concerning the powers of the Governor when such individual is outside of the borders of New York. Today's technology allows access to all pertinent information thereby allowing the governor to continue his duties and function as such while absent from state. PRIOR LEGISLATIVE HISTORY :

2010: S.7549/A.208-A Referred to the Judiciary 2008: A.7167 -- Judiciary

Fiscal implications

None.

Effective date

Resolved (if the Assembly concur), That the foregoing amendments 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.