NY State Senate Bill 2011-S2869

Senate Bill S2869

2011-2012 Legislative Session

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

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Archive: Last 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2012	opinion referred to judiciary
Jan 09, 2012	to attorney-general for opinion
Jan 04, 2012	referred to judiciary
Jun 24, 2011	committed to rules
Jun 06, 2011	advanced to third reading
Jun 02, 2011	2nd report cal.
Jun 01, 2011	1st report cal.909
Apr 27, 2011	opinion referred to judiciary
Feb 07, 2011	to attorney-general for opinion
Feb 02, 2011	referred to judiciary

Votes

- Jun 1, 2011 - Judiciary Committee Vote
  S2869
  
  13
  
  Aye
  
  3
  
  Nay
  
  6
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Jun 1, 2011
      
      aye (13)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Nozzolio
      
      Ranzenhofer
      
      Stavisky
      
      nay (3)
      
      Dilan
      
      Hassell-Thompson
      
      Perkins
      
      aye wr (6)
      
      Gianaris
      
      O'Mara
      
      Saland
      
      Serrano
      
      Squadron
      
      Zeldin
      
      excused (1)
      
      Adams

co-Sponsors

2011-S2869 (ACTIVE) - Details

See Assembly Version of this Bill:: A3371
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §§5 & 6, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4571, A2846
2013-2014: S2231, A2707
2015-2016: S4471, A4812
2017-2018: S1232, A1979
2019-2020: S2031, A3725
2021-2022: S3775, A9817
2023-2024: S1438, A1470

2011-S2869 (ACTIVE) - Summary

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.

2011-S2869 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2869

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 §S 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:
S.4571 Judiciary Committee/A.2846 Governmental Operations Committee.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments
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.

2011-S2869 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2869

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by Sens. GRIFFO, GRISANTI -- 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.

                                                           LBD89068-01-1

S. 2869                             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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Senate Bill S2869

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Sponsored By

Joseph A. Griffo