S T A T E O F N E W Y O R K
________________________________________________________________________
1500
2009-2010 Regular Sessions
I N S E N A T E
February 2, 2009
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Introduced by Sens. DeFRANCISCO, GRIFFO, MORAHAN, VOLKER -- read twice
and ordered printed, and when printed to be committed to the Committee
on Veterans, Homeland Security and Military Affairs
AN ACT to amend the New York state defense emergency act, in relation to
persons eligible to succeed the governor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 784 of the laws of 1951, constituting
the New York state defense emergency act, as amended by chapter 420 of
the laws of 1968, is amended to read as follows:
S 5. Persons eligible to succeed governor. If, as a result of an
attack or a natural or peacetime disaster, the office of governor
becomes vacant and each of the lieutenant governor, the temporary presi-
dent of the senate and the speaker of the assembly is unable to
discharge the powers and duties of the office of governor or is absent
from the state, then the officer of the state who is (a) highest in
order of the following list, (b) not otherwise unable to discharge such
powers and duties, and (c) not absent from the state, shall act as
governor: attorney general, comptroller, commissioner of transporta-
tion, commissioner of health, commissioner of [commerce] ECONOMIC DEVEL-
OPMENT, [industrial] commissioner OF LABOR, chairman of the public
service commission, [secertary] SECRETARY of state, COMMISSIONER OF
ENVIRONMENTAL CONSERVATION, COMMISSIONER OF EDUCATION, COMMISSIONER OF
INSURANCE, COMMISSIONER OF TAXATION AND FINANCE, COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES, COMMISSIONER OF THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE, COMMISSIONER OF CORRECTIONAL
SERVICES, COMMISSIONER OF AGRICULTURE AND MARKETS, COMMISSIONER OF
MENTAL HEALTH, COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL, COMMIS-
SIONER OF MOTOR VEHICLES, COMMISSIONER OF THE OFFICE OF GENERAL
SERVICES, COMMISSIONER OF THE STATE OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION, COMMISSIONER OF MENTAL RETARDATION AND DEVELOP-
MENTAL DISABILITIES, COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00504-01-9