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S2031Senate2019-2020 SessionSame asA3725

Lieutenant-Governor Absence Rule Removed

Official title

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

Sponsor Joseph A. GriffoSD-47Affects Legal
Status
In Senate Committee
Judiciary
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill removes "absence from the state" as a reason for the governor or lieutenant-governor to be replaced temporarily.

Why it matters

  1. Modernizes executive continuity. by ensuring that a temporary absence from New York State—such as for travel or official business—no longer triggers the automatic transfer of gubernatorial authority, reflecting current realities of communication and mobility.

  2. Prevents unnecessary power transfers. that could create confusion or instability, especially in cases where the governor or lieutenant governor is still fully capable of performing their duties remotely or from out of state.

  3. Clarifies succession rules. so that only more serious circumstances—like impeachment or an actual inability to serve—can prompt the temporary replacement of the governor or lieutenant governor, rather than routine absences.

  4. Reduces potential for political maneuvering. by limiting the scenarios in which temporary power shifts can occur, potentially preventing exploitation of brief or strategic absences for political gain.

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Who cares

Headline styles

Lieutenant-Governor Absence Rule Removed

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Joseph A. Griffo

Senator · Senate District 47

No co-sponsors yet.

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to judiciary
  4. Opinion referred to judiciary
  5. To attorney-general for opinion
  6. 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.

A3725Assembly

End Lt. Gov. Absence Rule

In Assembly Committee · Judiciary · Sponsor Robin Schimminger

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2031

2019-2020 Regular Sessions

IN SENATE

January 18, 2019

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD89036-01-9

S. 2031 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.

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 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

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.