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Assembly Bill A3371

2011-2012 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 Assembly Committee

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2011-A3371 (ACTIVE) - Details

See Senate Version of this Bill:
S2869
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 ยงยง5 & 6, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A2846, S4571
2013-2014: A2707, S2231
2015-2016: A4812, S4471
2017-2018: A1979, S1232
2019-2020: A3725, S2031
2021-2022: A9817, S3775
2023-2024: A1470, S1438
2025-2026: A3377, S1585

2011-A3371 (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.

2011-A3371 (ACTIVE) - Bill Text download pdf 

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

                                  3371

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
  GALEF, MAGEE, MORELLE, ORTIZ -- read once and referred to the  Commit-
  tee on Governmental Operations

            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 Senate 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 Senate concur), That the third, fourth and fifth
undesignated paragraphs of section 6 of article 4 of the constitution 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.

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

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