What's happening
This bill proposes a constitutional amendment to remove "absence from the state" as a reason for the lieutenant governor or others to act as governor.
Why it matters
Modernizes succession rules. by removing "absence from the state" as a reason for the lieutenant governor or other officials to assume the governor's powers, reflecting the reality that physical location is less relevant in the digital age.
Reduces potential for unnecessary power transfers. traveling out of state (for business, emergencies, or diplomacy) would no longer trigger a temporary change in executive authority, providing more stability and continuity in state leadership.
Narrows the definition of "unable to discharge powers and duties". to focus on actual incapacity (such as impeachment or other forms of inability), rather than mere physical absence, potentially avoiding confusion or disputes about what constitutes an inability to govern.
Could impact emergency and crisis management. by ensuring the governor remains in charge even when traveling, which may streamline decision-making and prevent abrupt leadership changes during important moments.
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Who cares
Headline styles
End Lt. Gov. Absence Rule
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Held for consideration in governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Lt. Gov. Absence Power
In Senate Committee · Judiciary · Sponsor Joseph A. Griffo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1979
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SCHIMMINGER -- Multi-Sponsored by -- M. of A. GALEF, MAGEE, MORELLE, ORTIZ -- read once and referred to the Committee on Governmental Operations
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 Senate concur), That the third undesignated 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 Senate concur), That the third, fourth and fifth undesignated paragraphs of section 6 of article 4 of the constitution be amended to read as follows:
In case of vacancy in the offices of both governor and lieutenant-governor 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 president 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 temporary president of the senate shall be [absent from the state or] otherwise unable to discharge the duties of governor, the speaker of the assembly shall act as governor during such [vacancy or] inability.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89055-01-7
A. 1979 2
§ 3. Resolved (if the Senate concur), That the foregoing amendment 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.