NY State Senate Bill 2025-S7813

Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2025	opinion referred to judiciary
May 12, 2025	to attorney-general for opinion
May 09, 2025	referred to judiciary

2025-S7813 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §§5 & 6, Const

2025-S7813 (ACTIVE) - Summary

Relates to gubernatorial and lieutenant-gubernatorial absences.

2025-S7813 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7813              Revised 7/30/2025

SPONSOR: SKOUFIS
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 4 of the constitution, in relation to the gubernatorial
absence provision

 
PURPOSE:

To remove the constitution's prohibition on exercising the powers and
duties of the governor's and lieutenant-governor's offices from outside
of the state

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 5 of article 4 of the Constitution. Removes
the provision that requires transfer of the governor's powers and duties
to the lieutenant-governor whenever the governor is "absent from the
state."

Section 2: Amends the third, fourth and fifth undesignated paragraphs of
section 6 of article 4 of the constitution. Removes the provision in
article IV, section 6 that requires transfer of the lieutenant-
governor's powers and duties to the temporary president of the Senate
whenever the lieutenant-governor is "absent from the state." It also
removes the provisions that prevent the lieutenant-governor and tempo-
rary president of the Senate from acting as governor when they are
"absent from the state."

Section 3: Sets the effective date.

 
JUSTIFICATION:

The absence from the state provisions prevents the governor and lieuten-
ant-governor from exercising their powers and duties when they leave the
state and prevent the temporary president of the Senate from acting as
governor when the temporary president is outside the state. These
provisions are antiquated and undermines effective leadership of the
executive branch. The absence provision that applies to the governor
raises the most serious concerns. First, the provision can restrict the
governor's ability to travel outside the state to promote its interests,
especially when the next successor to the governor's office is a poli-
tical rival. Second, the provision is subject to conflicting interpreta-
tions. It provides for transfers of powers and duties when the governor
is "absent from the state or is otherwise unable." The phrase "otherwise
unable" in reference to absence makes the provision ambiguous. By fram-
ing an absence as an inability, it raises two possible interpretations.
One reading is that the governor is "unable" whenever the governor
crosses outside the state's border, triggering an automatic transfer of
power.

Another interpretation is that powers and duties transfer only when an
absence makes the governor "unable" to discharge the office's powers and
duties, such as due to a communication failure. The potential for
different interpretations raises the specter of dueling claims to the
governor's powers and duties and challenges to the legality of guberna-
torial actions. Such disputes have occurred in other states, including
in recent years.  Modern communications capabilities make the absence
provisions useless.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Resolved (if the concur), That the foregoing amendment be referred to
the first regular legislative session convening after the next succeed-
ing 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.

2025-S7813 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7813
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 4 of the constitution, in relation  to
   the gubernatorial absence provision

   Section  1. Resolved (if the Assembly concur), That section 5 of arti-
 cle 4 of the constitution be amended as follows:
   § 5. In case of the removal of the governor from office or of [his  or
 her]  THE GOVERNOR'S death or resignation, the lieutenant-governor shall
 become governor for the remainder of the term.  In case the  governor-e-
 lect  shall decline to serve or shall die, the lieutenant-governor-elect
 shall become governor for the full term.
   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.
   In  case  of  the  failure  of  the governor-elect to take the oath of
 office at the commencement of [his or her] SUCH  GOVERNOR-ELECT'S  term,
 the lieutenant-governor-elect shall act as governor until the [governor]
 GOVERNOR-ELECT shall take the oath.
   §  2.  Resolved  (if  the Assembly concur), That the third, fourth and
 fifth undesignated paragraphs of section 6 of article 4 of the constitu-
 tion be amended 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 POWERS AND duties of office, the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89115-01-5

 S. 7813                             2
 
 temporary president of the senate  shall  perform  all  the  POWERS  AND
 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 Assembly 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.

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Senate Bill S7813

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7813 (ACTIVE) - Details

2025-S7813 (ACTIVE) - Summary

2025-S7813 (ACTIVE) - Sponsor Memo

2025-S7813 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7813

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7813 (ACTIVE) - Details

2025-S7813 (ACTIVE) - Summary

2025-S7813 (ACTIVE) - Sponsor Memo

2025-S7813 (ACTIVE) - Bill Text download pdf

Comments