Senate Bill S4723

2009-2010 Legislative Session

Relates to filling interim vacancies in the state legislature due to a disaster and to persons eligible to succeed the governor

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to veterans, homeland security and military affairs
Apr 27, 2009	referred to veterans, homeland security and military affairs

2009-S4723 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Public Officers Law
Laws Affected:: Amd §5, Chap 784 of 1951; add §42-a, Pub Off L

2009-S4723 (ACTIVE) - Summary

Expands list of persons eligible to succeed the governor if the office becomes vacant as a result of an attack or a natural or peacetime disaster; establishes how interim vacancies in the state legislature shall be filled if, as a result of an attack or a natural or peacetime disaster, either house is unable to achieve a quorum.

2009-S4723 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4723

 TITLE OF BILL :  An act to amend the New York state defense emergency
act, in relation to persons eligible to succeed the governor; and to
amend the public officers law, in relation to filling interim
vacancies in the state legislature due to a disaster

 PURPOSE: :  This bill seeks to provide for the rapid reconstitution
of the state legislature after a natural or man-made disaster, pending
special elections to fill vacant seats, and to update provisions of
law that relate to the order of succession when a vacancy occurs in
the office of governor.

 SUMMARY OF PROVISIONS: :  This bill would update the New York State
Defense Emergency Act (Chapter 784 of the Laws of 1951) to provide for
an modernized list of succession in the event that the office of
governor becomes vacant and each of the lieutenant governor, the
temporary president of the Senate and the speaker of the Assembly are
each unable to discharge the powers and duties of the office of
governor.

This bill would also amend the public officers law to provide for the
filling of interim vacancies in the state senate and assembly in the
event that a disaster renders enough seats vacant in either house that
a quorum is unattainable. This amendment would also require that a
special election to fill the vacant seats be held not more than 90

days from the date that the vacancy is created.

In providing for the filling of interim vacancies, this bill specifies
that seats must be filled by individuals of the same party affiliation
as the individual who occupied the seat prior to the creation of the
vacancy.

 JUSTIFICATION: :  As New York State examines provisions of law that
will better prepare it for dealing with emergencies and disasters, it
is necessary to ensure that continuity of government is preserved.
This legislation will allow for a rapid reconstitution of the
legislature in the event that a disaster renders enough seats in
either house of the Legislature vacant to render a quorum
unattainable.

It should be noted that the U.S. House of Representatives, has
recently advanced legislation to quickly reconstitute the membership
of that chamber in the event of a catastrophic event.

This bill would update the New York State Defense Emergency Act to
update the line of succession to the office of governor in the event a
vacancy occurs. This section of law has not been updated since 1968,
and some state officers referenced in that law no longer exist, and
other new officers have been created. This proposed new section
follows the federal model, in which new members of the federal cabinet
appear in the line of succession to the presidency in the
chronological order that their departments were created by act of
Congress.

 PRIOR LEGISLATIVE HISTORY: : 2008 - S3635 - Advanced to 3rd Reading

 FISCAL IMPLICATIONS: :  None Noted.

 EFFECTIVE DATE: :  This act would take effect immediately.

2009-S4723 (ACTIVE) - Bill Text download pdf

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

                                  4723

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the New York state defense emergency act, in relation to
  persons eligible to succeed the governor;  and  to  amend  the  public
  officers  law,  in  relation to filling interim vacancies in the state
  legislature due to a disaster

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11081-01-9

S. 4723                             2

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.  The public officers law is amended by adding a new section 42-a
to read as follows:
  S 42-A. FILLING INTERIM VACANCIES IN THE STATE LEGISLATURE  DUE  TO  A
DISASTER.  IF, AS A RESULT OF AN ATTACK OR A NATURAL OR PEACETIME DISAS-
TER, EITHER HOUSE OF THE  STATE  LEGISLATURE  IS  UNABLE  TO  ACHIEVE  A
QUORUM,  INTERIM  VACANCIES  IN THE STATE LEGISLATURE SHALL BE FILLED AS
FOLLOWS:
  1. INTERIM VACANCIES IN THE SENATE SHALL BE FILLED BY THE GOVERNOR AND
SHALL BE FOR A TERM WHICH SHALL EXPIRE WHEN A SUCCESSOR IS ELECTED AT  A
SPECIAL  ELECTION.    THE PERSON CHOSEN BY THE GOVERNOR TO FILL A SENATE
SEAT ON AN INTERIM BASIS PURSUANT TO THIS SECTION SHALL BE A  MEMBER  OF
THE  SAME  POLITICAL  PARTY AS THE SENATOR HE OR SHE IS SERVING IN PLACE
OF. SUCH SPECIAL ELECTION SHALL BE HELD NOT MORE THAN NINETY  DAYS  FROM
THE DATE OF THE CREATION OF THE VACANCY; AND
  2.  INTERIM VACANCIES IN THE ASSEMBLY SHALL BE FILLED BY A VOTE OF THE
GOVERNING BODY, AS SUCH TERM IS DEFINED IN PARAGRAPH (C) OF  SUBDIVISION
ONE  OF  SECTION  EIGHTEEN OF THIS CHAPTER, OF THE COUNTY CONTAINING THE
LARGEST PERCENTAGE OF THE POPULATION OF SUCH ASSEMBLY DISTRICT AND SHALL
BE FOR A TERM WHICH SHALL EXPIRE  WHEN  A  SUCCESSOR  IS  ELECTED  AT  A
SPECIAL  ELECTION.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVI-
SION, INTERIM VACANCIES IN ASSEMBLY DISTRICTS  WHOLLY  CONTAINED  WITHIN
THE  BOUNDARIES  OF  A  CITY  SHALL  BE  FILLED BY A VOTE OF SUCH CITY'S
GOVERNING BODY AND SHALL BE FOR A TERM WHICH SHALL EXPIRE WHEN A SUCCES-
SOR IS ELECTED AT A SPECIAL ELECTION. THE PERSON CHOSEN BY A VOTE OF THE
GOVERNING BODY TO FILL AN ASSEMBLY SEAT ON AN INTERIM BASIS PURSUANT  TO
THIS SECTION SHALL BE A MEMBER OF THE SAME POLITICAL PARTY AS THE ASSEM-
BLY  MEMBER  HE  OR  SHE  IS SERVING IN PLACE OF.  SUCH SPECIAL ELECTION
SHALL BE HELD NOT MORE THAN NINETY DAYS FROM THE DATE OF THE CREATION OF
THE VACANCY.
  S 3. This act shall take effect immediately.

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Senate Bill S4723

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2009-S4723 (ACTIVE) - Details

2009-S4723 (ACTIVE) - Summary

2009-S4723 (ACTIVE) - Sponsor Memo

2009-S4723 (ACTIVE) - Bill Text download pdf

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Sponsored By

Vincent L. Leibell

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

2009-S4723 (ACTIVE) - Details

2009-S4723 (ACTIVE) - Summary

2009-S4723 (ACTIVE) - Sponsor Memo

2009-S4723 (ACTIVE) - Bill Text download pdf

Comments