BILL NUMBER: S9541
SPONSOR: SKOUFIS
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 4 and article 6 of the constitution, in relation to the fill-
ing of vacancies in the office of lieutenant-governor or governor and
the powers and duties of such offices
 
PURPOSE:
The purpose of the Act is to improve procedures for transfers of the
governor's powers and duties. The Act eliminates the provision that
transfers the governor's powers and duties whenever he or she leaves the
state; creates procedures for declaring the governor, lieutenant gover-
nor, or acting governor unable; and clarifies and adds provisions
related to how and when successors serve as acting governor or governor.
These reforms to the current methods of power transfers will improve
stability, predictability, and democratic legitimacy in the leadership
of the executive branch.
 
SUMMARY OF PROVISIONS:
Section (1) amends section 5 of article 4 of the constitution by permit-
ting the legislature to pass a statute outlining procedures regarding
who shall act as governor if both the governor-elect and lieutenant-gov-
ernor elect decline to serve, die, become unable, or are ineligible to
take office or if the election for the governor's and lieutenant gover-
nor's offices has failed to produce a result. Additionally, this section
removes the absence provision from section 5, which currently requires
that the governor's powers be automatically transferred to the lieuten-
ant governor whenever the governor leaves the state.
Section (2) amends section 6 of article 4 of the constitution by clari-
fying the line of succession procedures for when both the offices of the
governor and lieutenant governor are vacant, or both are impeached or
otherwise unable to serve. Specifically, the clarifications provide
details on how power is transferred back to the governor or lieutenant
governor following vacancies or inabilities. Moreover, it also describes
how to determine a successor if none of the successors designated by the
legislature via statute are able to serve or if there are vacancies in
their offices. This section also removes the provision that allows the
temporary president of the senate to perform the lieutenant governor's
duties during a vacancy or inability. Additionally, this section adds a
requirement that if the temporary president of the senate or the speaker
of the assembly act as governor, he or she is prohibited from discharg-
ing legislative powers and duties while acting as governor. If the
temporary president of the senate or the speaker of the assembly contin-
ues acting as governor for more than 60 days, he or she must resign from
their legislative office. This section further clarifies that any person
in the line of succession may decline to serve and that any person
acting as governor has the full powers and duties of the governor and is
subject to the procedures in section 9.
Section (3) adds a new section 9 to article 4 of the constitution, which
creates procedures for determining the inability of the governor, lieu-
tenant governor, or acting governor to discharge the powers and duties
of the office. The amendment creates a committee on gubernatorial disa-
bility that can act to declare the governor, lieutenant governor, or
acting governor unable to discharge the powers and duties of the office.
Additionally, the amendment gives the legislature the power, when there
is a disagreement between the committee and the governor or lieutenant
governor regarding inability, to vote to determine whether the governor,
lieutenant governor, or acting governor is unable to discharge the
powers and duties of the office.
Section (4) amends section 24 of article 6 of the constitution to
prohibit the speaker of the assembly from voting on an impeachment
against the governor or lieutenant governor.
Section (5) Provides that this amendment be referred to the first regu-
lar 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.
 
JUSTIFICATION:
New York's current procedures for gubernatorial succession are plagued
by gaps and ambiguities. Furthermore, the procedures can produce
outcomes that undermine democratic_legitimacy and create instability in
the leadership of the executive branch. The absence provision, which
needlessly transfers power whenever the governor leaves the state, can
harm the state by, among other things, allowing multiple people to claim
the powers of the governor's office. The constitution's current lack of
procedures for declaring the governor and lieutenant governor unable
could prevent transfers of power when the governor is not able to serve
the state. Finally, the constitution's current line of succession
provisions are ambiguous and present separation of powers concerns by
making it possible for lawmakers to simultaneously serve as acting
governor while continuing to discharge legislative powers.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
The foregoing amendment 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.