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Assembly Bill A2845

2009-2010 Legislative Session

Establishes procedure for governor to make both a voluntary declaration of inability and cessation of inability and establishes procedure to have governor removed

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Archive: Last Bill Status - In Assembly Committee

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2009-A2845 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §§5 & 6, Art 6 §3, Constn

2009-A2845 (ACTIVE) - Summary

Establishes procedure for voluntary declaration by governor of an inability to discharge the duties of the office, and for subsequent declaration that inability has ceased; also establishes procedure, if the governor will not or cannot declare his own inability to govern, by granting jurisdiction to the Court of Appeals to make such determination upon receipt of a written declaration transmitted to the Chief Judge by the lieutenant governor, the temporary president of the senate, the speaker of the assembly, and the minority leaders of each house of the legislature, that in their unanimous decision the governor is unable to discharge the powers and duties of his or her office; provides for governor to nominate a new lieutenant governor upon a vacancy in that office, to be confirmed by a concurrent resolution of both houses, concurred in by a majority of the members of each house.

2009-A2845 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2845

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. SCHIMMINGER, GALEF, GUNTHER, KAVANAGH, JAFFEE,
  MAISEL, FIELDS, KELLNER, LANCMAN, CAMARA,  DINOWITZ,  BROOK-KRASNY  --
  Multi-Sponsored by -- M. of A. CHRISTENSEN, COOK, DelMONTE, GABRYSZAK,
  GOTTFRIED,  JEFFRIES,  JOHN,  KOON, LIFTON, LUPARDO, MAGEE, MAYERSOHN,
  ORTIZ, PAULIN, REILLY, J. RIVERA, SCARBOROUGH, STIRPE, SWEENEY,  TOWNS
  -- read once and referred to the Committee on Governmental Operations

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to sections 5 and 6 of article 4 and section 3 of
  article  6 of the constitution, in relation to gubernatorial inability
  and succession

  Section 1. Resolved (if the Senate concur), That sections 5 and  6  of
article 4 of the constitution be amended to read as follows:
  S  5.  In case of the removal of the governor from office or of his or
her death or resignation, the lieutenant-governor shall become  governor
for the remainder of the term.
  In  case  the  governor-elect shall decline to serve or shall die, the
lieutenant-governor-elect shall become governor for the full term.
  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.
  In  case  of  the  failure  of  the governor-elect to take the oath of
office at the commencement of his or her term, the  lieutenant-governor-
elect shall act as governor until the governor shall take the oath.
  WHENEVER  THE  GOVERNOR  TRANSMITS  TO THE CHIEF JUDGE OF THE COURT OF
APPEALS, THE LIEUTENANT-GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND  THE
MINORITY  LEADER  OF  THE ASSEMBLY A WRITTEN DECLARATION OF INABILITY TO
DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR, AND UNTIL THE
GOVERNOR THEREAFTER TRANSMITS TO  THEM  A  WRITTEN  DECLARATION  TO  THE
CONTRARY,  SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE LIEUTENANT-
GOVERNOR OR OTHER PERSON NEXT IN LINE OF SUCCESSION, AS ACTING GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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