Bill Text: NY A03725 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-02-13 - opinion referred to judiciary [A03725 Detail]

Download: New_York-2019-A03725-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3725
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
                                       ___________
        Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
          GALEF, ORTIZ -- read once and referred to  the  Committee  on  Govern-
          mental 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
     1    Section  1.  Resolved  (if the Senate concur), That the third undesig-
     2  nated paragraph of section 5 of article 4 of the constitution be amended
     3  to read as follows:
     4    In case the governor is impeached[, is absent from the  state]  or  is
     5  otherwise  unable  to  discharge  the powers and duties of the office of
     6  governor, the  lieutenant-governor  shall  act  as  governor  until  the
     7  inability shall cease or until the term of the governor shall expire.
     8    § 2. Resolved (if the Senate concur), That the third, fourth and fifth
     9  undesignated paragraphs of section 6 of article 4 of the constitution be
    10  amended to read as follows:
    11    In case of vacancy in the offices of both governor and lieutenant-gov-
    12  ernor  or if both of them shall be impeached[, absent from the state] or
    13  otherwise unable to discharge the powers and duties  of  the  office  of
    14  governor,  the  temporary  president of the senate shall act as governor
    15  until the inability shall cease or until a governor shall be elected.
    16    In case of vacancy in the office of lieutenant-governor alone,  or  if
    17  the  lieutenant-governor  shall be impeached[, absent from the state] or
    18  otherwise unable to discharge the duties of office, the temporary presi-
    19  dent of the senate shall perform all the duties  of  lieutenant-governor
    20  during such [vacancy or] inability.
    21    If,  when  the  duty of acting as governor devolves upon the temporary
    22  president of the senate, there be a vacancy in such office or the tempo-
    23  rary president of the senate shall be [absent from the state or]  other-
    24  wise  unable  to  discharge  the  duties of governor, the speaker of the
    25  assembly shall act as governor during such [vacancy or] inability.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89036-01-9

        A. 3725                             2
     1    § 3. Resolved (if the Senate concur), That the foregoing amendment  be
     2  referred  to  the  first regular legislative session convening after the
     3  next succeeding general election of members of  the  assembly,  and,  in
     4  conformity  with  section  1  of  article  19  of  the  constitution, be
     5  published for 3 months previous to the time of such election.
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