BILL NUMBER: S1585
SPONSOR: GRIFFO
 
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:
2023-24-S.1438/A.1470 - Judiciary Committee/Judiciary Committee
2021-22 - A. 9817/S.3775
2019-20 - A. 3725/S.2031;
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.