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Senate Bill S4571

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S4571 (ACTIVE) - Details

See Assembly Version of this Bill:
A2846
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Constn
Versions Introduced in Other Legislative Sessions:
2011-2012: S2869, A3371
2013-2014: S2231, A2707
2015-2016: S4471, A4812
2017-2018: S1232, A1979
2019-2020: S2031, A3725
2021-2022: S3775, A9817
2023-2024: S1438, A1470
2025-2026: S1585, A3377

2009-S4571 (ACTIVE) - 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.

2009-S4571 (ACTIVE) - Sponsor Memo

2009-S4571 (ACTIVE) - Bill Text download pdf 

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

                                  4571

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- 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.

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