NY State Senate Bill 2023-S1438

Senate Bill S1438

2023-2024 Legislative Session

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

download bill text pdf

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
Jan 29, 2024	opinion referred to judiciary
Jan 04, 2024	to attorney-general for opinion
Jan 03, 2024	referred to judiciary
Feb 07, 2023	opinion referred to judiciary
Jan 13, 2023	to attorney-general for opinion
Jan 11, 2023	referred to judiciary

co-Sponsors

2023-S1438 (ACTIVE) - Details

See Assembly Version of this Bill:: A1470
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
2011-2012: S2869, A3371
2013-2014: S2231, A2707
2015-2016: S4471, A4812
2017-2018: S1232, A1979
2019-2020: S2031, A3725
2021-2022: S3775, A9817

2023-S1438 (ACTIVE) - Summary

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.

2023-S1438 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1438

SPONSOR: GRIFFO
 
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 lieuten-
ant-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 recently been the subject of controversy. The absence of
provisions 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 and more essential to effectively govern.
The absence provision has long ago outlived its intended purpose and
should be eliminated from the Constitution.

 
LEGISLATIVE HISTORY:

2021-22 - A. 9817/S.3775

2019-20 - A. 3725/S.2031;

2017-18 A. 1979/S. 1232;

2015-16 A. 4812/S. 4471;

2013-2014 A. 2707/S.2231;

2011-2012: A.3371/S.2869

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Subsequent to passage in two consecutive legislative sessions and
approval at the next general election.

2023-S1438 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1438
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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

   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.
   § 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.
   § 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.

                                                            LBD89027-01-3
 S. 1438                             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 S1438

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Sponsored By

Joseph A. Griffo