Bill S2231-2013

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

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.

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  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 15, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 22, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 15, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2231

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 4 of the constitution, relating to the lieutenant-governor acting as governor

PURPOSE: This bill would remove the constitutional provision that the lieutenant-governor shall act as governor whenever the governor is absent from the state.

SUMMARY OF PROVISIONS: 1- Amends the third undesignated paragraph of § 5 of Article 4 of the Constitution.

§ 2- Amends the third, fourth and fifth undesignated paragraphs of § 6 of Article 4 of the Constitution.

§ 3- Effective date and process of adoption.

JUSTIFICATION: The exact meaning of the constitutional provision that the lieutenant- governor shall act as governor whenever the governor is absent from the state has been the subject of controversy in the past. The absence provision has, in some states, resulted in policy clashes between the incumbent and the temporary governor. The provision was originally designed to ensure that the governor's duties would be carried out when it was impossible to communicate with him during his absence from the state. In today's world of readily available communication the governor is no longer unable to govern merely because he travels out-of-state. Improved and more rapid transportation and a global economy has made out-of-state travel more routine. The absence provision has long ago outlived its intended purpose and should be eliminated from the Constitution.

LEGISLATIVE HISTORY: 2011-12 - S. 2869 Judiciary Committee/A. 3371 Governmental Operations Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Upon passage of two separately elected Legislatures and approval by the voters after such passage.


Text

STATE OF NEW YORK ________________________________________________________________________ 2231 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sen. GRIFFO -- 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, relating to the lieutenant-governor acting as governor Section 1. Resolved (if the Assembly 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. S 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 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. S 3. Resolved (if the Assembly 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. LBD89075-01-3 S. 2231 2 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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