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
Removes "absence from the state" as a trigger for transferring gubernatorial power. , meaning the governor or lieutenant-governor would retain their authority even when physically outside New York, unless otherwise incapacitated or impeached.
Clarifies and modernizes the chain of succession. by ensuring that temporary transfers of power only occur for more substantial reasons, such as impeachment or inability to perform duties, rather than for routine travel or brief absences.
Could affect executive continuity and stability. , reducing the number of times power changes hands, and potentially preventing confusion or abrupt shifts in leadership during short-term absences.
Reflects changes in how governance is conducted. (e.g., remote work, instant communication), recognizing that physical presence in the state is no longer essential for the governor or lieutenant-governor to fulfill their roles.
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Who cares
Headline styles
End Lt. Gov. Absence Power
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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 Rule
In Assembly Committee · Judiciary · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1232
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. GRIFFO -- 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 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 Assembly 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.
§ 3. Resolved (if the Assembly 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89055-01-7
S. 1232 2
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.
Sponsor's memo
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
:
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.