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Assembly Bill A1470

2023-2024 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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2023-A1470 (ACTIVE) - Details

See Senate Version of this Bill:
S1438
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
2021-2022: A9817, S3775
2025-2026: A3377, S1585

2023-A1470 (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.

2023-A1470 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1470
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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