senate Bill S2869

Removes constitutional provision that the lieutenant-governor shall act as governor when the governor is absent from the state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Feb / 2011
    • REFERRED TO JUDICIARY
  • 07 / Feb / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 01 / Jun / 2011
    • 1ST REPORT CAL.909
  • 02 / Jun / 2011
    • 2ND REPORT CAL.
  • 06 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

Removes constitutional provision that the lieutenant-governor shall act as governor when the governor is absent from the state; also provides likewise for the case in which the lieutenant-governor is absent from the state and the case in which the temporary president of the senate is absent from the state.

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Bill Details

See Assembly Version of this Bill:
A3371
Versions:
S2869
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4571, A2846
2007-2008: A3137

Sponsor Memo

BILL NUMBER:S2869

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 4 of the constitution, relating to the
lieutenant-governor acting as governor

PURPOSE:
This bill would remove the constitutional provision that the
lieutenant-governor shall act as governor whenever the governor is
absent from the state.

SUMMARY OF PROVISIONS:
1- Amends the third undesignated paragraph of §S of Article 4 of the
Constitution.

§ 2- Amends the third, fourth and fifth undesignated paragraphs of §6
of Article 4 of the Constitution.

§ 3- Effective date and process of adoption.

JUSTIFICATION:
The exact meaning of the constitutional provision that the
lieutenant-governor shall act as governor whenever the governor is
absent from the state has been the subject of controversy in the
past. The absence provision has, in some states, resulted in policy
clashes between the incumbent and the temporary governor. The
provision was originally designed to ensure that the governor's
duties would be carried out when it was impossible to communicate
with him during his absence from the state. In today's world of
readily available communication the governor is no longer unable to
govern merely because he travels out-of-state. Improved and more
rapid transportation and a global economy has made out-of-state
travel more routine.
The absence provision has long ago outlived its intended purpose and
should be eliminated from the Constitution.

LEGISLATIVE HISTORY:
S.4571 Judiciary Committee/A.2846 Governmental Operations Committee.

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2869

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by Sens. GRIFFO, GRISANTI -- 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 article 4 of the constitution, relating to the
  lieutenant-governor acting as governor

  Section 1. Resolved (if the Assembly concur), That the third  undesig-
nated paragraph of section 5 of article 4 of the constitution be amended
to read as follows:
  In  case  the  governor is impeached[, is absent from the state] or is
otherwise unable to discharge the powers and duties  of  the  office  of
governor,  the  lieutenant-governor  shall  act  as  governor  until the
inability shall cease or until the term of the governor shall expire.
  S 2. Resolved (if the Assembly concur), That  the  third,  fourth  and
fifth undesignated paragraphs of section 6 of article 4 of the constitu-
tion be amended to read as follows:
  In case of vacancy in the offices of both governor and lieutenant-gov-
ernor  or if both of them shall be impeached[, absent from the state] or
otherwise unable to discharge the powers and duties  of  the  office  of
governor,  the  temporary  president of the senate shall act as governor
until the inability shall cease or until a governor shall be elected.
  In case of vacancy in the office of lieutenant-governor alone,  or  if
the  lieutenant-governor  shall be impeached[, absent from the state] or
otherwise unable to discharge the duties of office, the temporary presi-
dent of the senate shall perform all the duties  of  lieutenant-governor
during such [vacancy or] inability.
  If,  when  the  duty of acting as governor devolves upon the temporary
president of the senate, there be a vacancy in such office or the tempo-
rary president of the senate shall be [absent from the state or]  other-
wise  unable  to  discharge  the  duties of governor, the speaker of the
assembly shall act as governor during such [vacancy or] inability.
  S 3. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89068-01-1

S. 2869                             2

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.

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