Assembly Bill A5189

2023-2024 Legislative Session

Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5189 (ACTIVE) - Details

See Senate Version of this Bill:
S2687
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: S7682
2011-2012: S589
2013-2014: S1163
2015-2016: S1330
2017-2018: S2687
2019-2020: S785
2021-2022: A8243, S1503

2023-A5189 (ACTIVE) - Summary

Authorizes the governor to fill vacancy in the office of lieutenant-governor on confirmation of both houses of the legislature; allows the governor to leave the state without transmitting power to lieutenant-governor; establishes the process for lieutenant-governor to act as governor during incapacitation of the governor.

2023-A5189 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5189
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
   Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing amendments to sections 5 and 6 of article 4 of  the  constitu-
   tion,  relating  to the filling of vacancies in the office of lieuten-
   ant-governor and the powers and duties of such office
 
   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.
 WHENEVER THE GOVERNOR TRANSMITS TO THE TEMPORARY PRESIDENT OF THE SENATE
 AND  SPEAKER  OF  THE ASSEMBLY HIS OR HER WRITTEN DECLARATION THAT HE OR
 SHE IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OR  HER  OFFICE,
 AND  UNTIL  HE  OR  SHE  TRANSMITS  TO THEM A WRITTEN DECLARATION TO THE
 CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE  LIEUTENANT-
 GOVERNOR  AS  ACTING  GOVERNOR.  WHENEVER  THE LIEUTENANT-GOVERNOR AND A
 MAJORITY OF EITHER THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR
 OF SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW PROVIDE TRANSMIT TO THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  THEIR
 WRITTEN  DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
 AND DUTIES OF HIS OR HER OFFICE,  THE  LIEUTENANT-GOVERNOR  SHALL  IMME-
 DIATELY  ASSUME  THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR.
 THEREAFTER, WHEN THE GOVERNOR TRANSMITS TO THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY HIS OR HER WRITTEN DECLARA-
 TION THAT NO INABILITY EXISTS, HE OR SHE SHALL  RESUME  THE  POWERS  AND
 DUTIES OF HIS OR HER OFFICE UNLESS THE LIEUTENANT-GOVERNOR AND A MAJORI-
 TY  OF  EITHER  THE PRINCIPAL OFFICERS OF THE EXECUTIVE DEPARTMENT OR OF
 SUCH OTHER BODY AS THE LEGISLATURE MAY BY LAW  PROVIDE  TRANSMIT  WITHIN
 FOUR  DAYS  TO  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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