What's happening
This bill allows the governor to appoint a new lieutenant-governor, subject to confirmation by both houses of the state legislature.
Why it matters
Strengthens checks and balances. by requiring both houses of the state legislature to confirm the governor’s choice for lieutenant-governor, rather than allowing a unilateral appointment.
Increases transparency and public accountability. in the process of filling a critical executive branch vacancy, making it more difficult for a governor to install a political ally without broader legislative support.
Could affect political dynamics during times of executive transition or crisis. , such as if the governor leaves office and the lieutenant-governor becomes governor, since the process for naming a new lieutenant-governor will now involve legislative negotiation and approval.
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Who cares
Governor
The bill would require the governor to nominate a lieutenant-governor when that office is vacant, subject to legislative confirmation.
State senators and Assembly members
Each house would have to approve the nominee by a separate majority vote before the nominee could take office.
Nominees for lieutenant-governor
A nominee would need confirmation from both legislative houses to take office.
Headline styles
Legislature Confirms Lt. Governor
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Legislature Confirms Lt. Governor
In Assembly Committee · Governmental Operations · Sponsor Robin Schimminger
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5257
2019-2020 Regular Sessions
IN SENATE
April 18, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to the appointment of a lieutenant-governor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 43 of the public officers law, as renumbered by chapter 649 of the laws of 1922, is amended to read as follows:
§ 43. Filling other vacancies. 1. If a vacancy shall occur, otherwise than by expiration of term, with no provision of law for filling the same, if the office be elective, the governor shall appoint a person to execute the duties thereof until the vacancy shall be filled by an election. But if the term of such officer shall expire with the calendar year in which the appointment shall be made, or if the office be appointive, the appointee shall hold for the residue of the term.
2. In the case of a vacancy in the office of the lieutenant-governor, the governor shall nominate a lieutenant-governor who shall take office upon confirmation by separate majority votes in each house of the state legislature.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03935-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to the appointment of a lieutenant-governor
Purpose
Authorizes the governor to appoint a lieutenant-governor subject to confirmation by the legislature.
Summary of provisions
§ 1-Amends § 43 of the Public Officers Law to specify that in the case of vacancy in the Office of the Lieutenant-Governor, the governor shall nominate a lieutenant-governor who shall take office upon confirmation by separate majority votes in each house of the State Legislature.
§ 2- Effective date.
Justification
This legislation will ensure that the people of the State of New York have an orderly and rational framework of governance and succession built into the law.
In November 2006, Eliot Spitzer was elected Governor and David Paterson was elected Lieutenant Governor of the State of New York. On March 17, 2008, Governor Spitzer resigned and Lieutenant-Governor Paterson became Governor. Thus, a vacancy in the Lieutenant-Governor's office existed. As the Lieutenant-Governor is constitutionally authorized to preside over the State Senate and cast tie-breaking votes, a vacancy in this office can cause a great deal of upset to the legislative process. At the time, however, many took the position that the State Senate, and indeed state government, could function very well in the absence of a lieutenant-governor, as it had in past instances of vacancies in the office.
The June 8, 2009 coup in the State Senate gave us an all-too-real lesson on the paralyzing legislative gridlock that can result when such a vacancy is left unfilled. Although there was no clear constitutional authority to do so, the stalemate prompted the Governor, on July 8, 2009, to appoint a Lieutenant-Governor. This prompted legal action by that sought a declaratory judgment that the Governor's appointment was unconstitutional.
On September 22, 2009, the New York State Court of Appeals decided in the matter of Skelos v. Paterson, that the Governor of the Stat e of New York indeed has the authority, under the Public Officers Law § 43, to fill a vacancy in the Office of Lieutenant-Governor by appointment. Unfortunately, this ruling allows a governor to appoint anyone he or she wishes to a statewide office without the scrutiny and vetting that is customary and vital in a democratic government and is accomplished during the election process and in the appointment process prescribed in the Constitution for filling vacancies in the offices of attorney gener- al and comptroller.
This legislation would amend § 43 of the Public Officers Law to specify that in the case of vacancy in the Office of the Lieutenant-Governor, the governor shall nominate a lieutenant-governor who shall take office upon confirmation by separate majority votes in each house of the State Legislature. This procedure, based on the federal government's process of filling a vacancy in the Office of Vice President, is necessary to provide a next-in-line to the governor who is well-equipped to take over on a moment's notice by virtue of having been privy to the policy and workings of the governor's office and the executive branch. He or she, not having been elected to the office of lieutenant-governor by state- wide voters in the usual way, would at least be the nominee of the elected governor and enter the office with the vetting and confirmation of state legislators, who themselves have been elected to represent all the districts of the state.
Legislative history
2017-2018: A.5343; 2015-2016: A.4086; 2013-2014: A.3345; 2011-2012: A.3607: 2009-2010: A.9410.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.