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Assembly Bill A9817

2021-2022 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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2021-A9817 (ACTIVE) - Details

See Senate Version of this Bill:
S3775
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
2017-2018: A1979, S1232
2019-2020: A3725, S2031
2023-2024: A1470, S1438
2025-2026: A3377, S1585

2021-A9817 (ACTIVE) - Summary

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

2021-A9817 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9817
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee 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.
   §  3. Resolved (if the Senate concur), That 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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