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Assembly Bill A1979

2017-2018 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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2017-A1979 (ACTIVE) - Details

See Senate Version of this Bill:
S1232
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A2846, S4571
2011-2012: A3371, S2869
2013-2014: A2707, S2231
2015-2016: A4812, S4471
2019-2020: A3725, S2031
2021-2022: A9817, S3775
2023-2024: A1470, S1438
2025-2026: A3377, S1585

2017-A1979 (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.

2017-A1979 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1979
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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.
   § 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.

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