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

1 Co-sponsor

• Mark Grisanti

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.