Bill Text: NY S01438 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-29 - OPINION REFERRED TO JUDICIARY [S01438 Detail]

Download: New_York-2023-S01438-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1438

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by Sens. GRIFFO, BORRELLO -- 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

     1    Section 1. Resolved (if the Assembly 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 Assembly concur), That  the  third,  fourth  and
     9  fifth undesignated paragraphs of section 6 of article 4 of the constitu-
    10  tion be 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.
    26    § 3. Resolved (if the Assembly concur), That the  foregoing  amendment
    27  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.
                                                                   LBD89027-01-3
        S. 1438                             2

     1  next  succeeding  general  election  of members of the assembly, and, in
     2  conformity with  section  1  of  article  19  of  the  constitution,  be
     3  published for 3 months previous to the time of such election.