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A01470 Summary:

BILL NOA01470
 
SAME ASSAME AS S01438
 
SPONSORButtenschon
 
COSPNSR
 
MLTSPNSR
 
Amd Art 4 §§5 & 6, Constn
 
Removes constitutional provision that the lieutenant-governor shall act as governor when the governor is absent from the state; provides likewise for the case in which the lieutenant-governor is absent from the state and the case in which the temporary president of the senate is absent from the state.
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A01470 Actions:

BILL NOA01470
 
01/17/2023referred to governmental operations
01/18/2023to attorney-general for opinion
02/03/2023opinion referred to judiciary
01/03/2024referred to governmental operations
01/08/2024to attorney-general for opinion
01/26/2024opinion referred to judiciary
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A01470 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1470
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- 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

     1    Section 1. Resolved (if the Senate concur), That  the  third  undesig-
     2  nated paragraph of section 5 of article 4 of the constitution be amended
     3  to read as follows:
     4    In  case  the  governor is impeached[, is absent from the state] or is
     5  otherwise unable to discharge the powers and duties  of  the  office  of
     6  governor,  the  lieutenant-governor  shall  act  as  governor  until the
     7  inability shall cease or until the term of the governor shall expire.
     8    § 2. Resolved (if the Senate concur), That the third, fourth and fifth
     9  undesignated paragraphs of section 6 of article 4 of the constitution be
    10  amended to read as follows:
    11    In case of vacancy in the offices of both governor and lieutenant-gov-
    12  ernor or if both of them shall be impeached[, absent from the state]  or
    13  otherwise  unable  to  discharge  the powers and duties of the office of
    14  governor, the temporary president of the senate shall  act  as  governor
    15  until the inability shall cease or until a governor shall be elected.
    16    In  case  of vacancy in the office of lieutenant-governor alone, or if
    17  the lieutenant-governor shall be impeached[, absent from the  state]  or
    18  otherwise unable to discharge the duties of office, the temporary presi-
    19  dent  of  the senate shall perform all the duties of lieutenant-governor
    20  during such [vacancy or] inability.
    21    If, when the duty of acting as governor devolves  upon  the  temporary
    22  president of the senate, there be a vacancy in such office or the tempo-
    23  rary  president of the senate shall be [absent from the state or] other-
    24  wise unable to discharge the duties of  governor,  the  speaker  of  the
    25  assembly shall act as governor during such [vacancy or] inability.
    26    §  3. Resolved (if the Senate concur), That the foregoing amendment be
    27  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.
                                                                   LBD89027-01-3

        A. 1470                             2
 
     1  next  succeeding  general  election  of members of the assembly, and, in
     2  conformity with  section  1  of  article  19  of  the  constitution,  be
     3  published for 3 months previous to the time of such election.
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