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

BILL NUMBER:S4471

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 § 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

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.