Assembly Bill A9020

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9020
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 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, in relation  to
   declaring  inabilities of the governor, lieutenant-governor and acting
   governor

   Section 1. Resolved (if the Senate concur),  That  article  4  of  the
 constitution be amended by adding a new section 9 to read as follows:
   §  9.  (A)  GOVERNOR'S DECLARATION OF INABILITY. WHENEVER THE GOVERNOR
 TRANSMITS TO 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 INABIL-
 ITY TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE  OF  GOVERNOR,  AND
 UNTIL  THE  GOVERNOR  TRANSMITS  TO  THEM  A  WRITTEN DECLARATION TO THE
 CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE  LIEUTENANT-
 GOVERNOR,  OR THE NEXT AVAILABLE PERSON IN THE LINE OF SUCCESSION TO THE
 OFFICE OF GOVERNOR, AS ACTING-GOVERNOR.
   (B) COMMITTEE ON GUBERNATORIAL INABILITY. A COMMITTEE ON GUBERNATORIAL
 INABILITY SHALL BE COMPRISED OF THE  LIEUTENANT-GOVERNOR,  THE  ATTORNEY
 GENERAL,  COMPTROLLER  AND SIX HEADS OF EXECUTIVE DEPARTMENTS, DIVISIONS
 OR OFFICES, AS PROVIDED BY LAW, WHO SHALL HAVE  BEEN  CONFIRMED  BY  THE
 SENATE TO LEAD THEIR DEPARTMENTS, DIVISIONS OR OFFICES. FOR THE PURPOSES
 OF  SUBDIVISIONS  (C) AND (D) OF THIS SECTION, SHOULD THERE BE A VACANCY
 IN THE COMMITTEE, A WRITTEN DECLARATION  UNDER  THOSE  PARAGRAPHS  SHALL
 REQUIRE A TWO-THIRDS VOTE OF THE COMMITTEE.
   (C)  COMMITTEE  ON GUBERNATORIAL INABILITY'S DECLARATION OF THE GOVER-
 NOR'S INABILITY. WHENEVER A MAJORITY OF THE COMMITTEE  ON  GUBERNATORIAL
 INABILITY, OR TWO-THIRDS OF A PARTIAL COMMITTEE AS PROVIDED IN PARAGRAPH
 (B) OF THIS SECTION, TRANSMIT TO THE OFFICIALS RECEIVING THE DECLARATION
 IN PARAGRAPH (A) OF THIS SECTION A WRITTEN DECLARATION THAT THE GOVERNOR
 IS  UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR,
 SUCH POWERS AND DUTIES SHALL IMMEDIATELY BE DISCHARGED BY  THE  LIEUTEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89117-01-5
 A. 9020                             2
 
 ANT-GOVERNOR,  OR  THE NEXT AVAILABLE OFFICIAL IN THE LINE OF SUCCESSION
 TO THE OFFICE OF GOVERNOR, AS ACTING-GOVERNOR.
   (D)  GOVERNOR'S  DECLARATION OF NO INABILITY. THEREAFTER, WHENEVER THE
 GOVERNOR TRANSMITS TO THE OFFICIALS RECEIVING THE DECLARATION  IN  PARA-
 GRAPH (A) OF THIS SECTION AND THE COMMITTEE ON GUBERNATORIAL INABILITY A
 WRITTEN  DECLARATION THAT NO INABILITY EXISTS, THE GOVERNOR SHALL RESUME
 THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR ON THE FOURTH DAY  AFTER
 MAKING  SUCH DECLARATION OR AT SUCH EARLIER TIME AS MAY BE DETERMINED BY
 SUCH COMMITTEE, UNLESS A MAJORITY OF THE COMMITTEE, OR TWO-THIRDS  OF  A
 PARTIAL COMMITTEE AS PROVIDED BY PARAGRAPH (B) OF THIS SECTION, TRANSMIT
 WITHIN THE FOUR DAY PERIOD TO THE OFFICIALS RECEIVING THE DECLARATION IN
 PARAGRAPH  (A) OF THIS SECTION THEIR WRITTEN DECLARATION THAT THE GOVER-
 NOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF GOVER-
 NOR.
   (E) LEGISLATIVE DETERMINATION OF GUBERNATORIAL INABILITY. IF THERE  IS
 A  DISAGREEMENT  BETWEEN THE GOVERNOR AND THE COMMITTEE ON GUBERNATORIAL
 INABILITY CONCERNING WHETHER THE GOVERNOR HAS AN INABILITY TO  DISCHARGE
 THE  POWERS  AND DUTIES OF THE OFFICE OF GOVERNOR, THE LEGISLATURE SHALL
 DECIDE THE ISSUE, ASSEMBLING WITHIN FORTY-EIGHT HOURS FROM  THE  EXPIRA-
 TION  OF  THE  FOUR  DAYS DESCRIBED IN PARAGRAPH (D) OF THIS SECTION FOR
 THAT PURPOSE IF NOT IN SESSION. IF BOTH HOUSES OF THE LEGISLATURE, WITH-
 IN TWENTY-ONE DAYS AFTER ASSEMBLING, DETERMINE BY  TWO-THIRDS  VOTES  OF
 ALL  MEMBERS ELECTED THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS
 AND DUTIES OF THE OFFICE OF GOVERNOR, THE ACTING-GOVERNOR SHALL CONTINUE
 TO DISCHARGE THE SAME; OTHERWISE, THE GOVERNOR SHALL RESUME  THE  POWERS
 AND DUTIES OF THE OFFICE OF GOVERNOR.
   (F)  LIEUTENANT-GOVERNOR INABILITY PROCEDURES. THE LIEUTENANT-GOVERNOR
 MAY VOLUNTARILY DECLARE INABILITY TO DISCHARGE THE POWERS AND DUTIES  OF
 THE OFFICE, IN A PROCESS IDENTICAL TO THAT DESCRIBED IN PARAGRAPH (A) OF
 THIS  SECTION, EXCEPT THE DECLARATION SHALL BE TRANSMITTED TO THE GOVER-
 NOR, IN ADDITION TO THE OFFICIALS RECEIVING THE DECLARATION IN PARAGRAPH
 (A) OF THIS SECTION, RATHER THAN THE LIEUTENANT-GOVERNOR. THE  COMMITTEE
 ON  GUBERNATORIAL  INABILITY MAY DECLARE THE LIEUTENANT-GOVERNOR UNABLE,
 IN A PROCESS IDENTICAL TO  THAT  DESCRIBED  IN  PARAGRAPH  (C)  OF  THIS
 SECTION, EXCEPT THE GOVERNOR SHALL TAKE THE PLACE OF THE LIEUTENANT-GOV-
 ERNOR  ON THE COMMITTEE. THEREAFTER, THE LIEUTENANT-GOVERNOR MAY DECLARE
 NO INABILITY EXISTS, AND THE LEGISLATURE  SHALL  DECIDE  THE  ISSUE,  IN
 PROCESSES IDENTICAL TO THOSE DESCRIBED IN PARAGRAPHS (D) AND (E) OF THIS
 SECTION,  EXCEPT FOR THE LIEUTENANT-GOVERNOR. WHEN THE LIEUTENANT-GOVER-
 NOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF  LIEU-
 TENANT-GOVERNOR OR THE OFFICE OF LIEUTENANT-GOVERNOR IS VACANT, THE LINE
 OF SUCCESSION TO THE GOVERNOR'S OFFICE SHALL EXCLUDE THE LIEUTENANT-GOV-
 ERNOR.
   (G)  ACTING  GOVERNOR  INABILITY  PROCEDURES. AN ACTING GOVERNOR UNDER
 SECTION SIX OF THIS ARTICLE SHALL BE SUBJECT TO ALL PROVISIONS  OF  THIS
 SECTION  AS  IF  THE  ACTING  GOVERNOR HAD BEEN ELECTED GOVERNOR. IF THE
 ACTING GOVERNOR, BY WAY OF THEIR EXISTING OFFICE, IS  A  MEMBER  OF  THE
 COMMITTEE  ON  GUBERNATORIAL  INABILITY,  THE  ACTING GOVERNOR SHALL NOT
 PARTICIPATE IN THE COMMITTEE, AND THE ACTING GOVERNOR'S EXISTING  OFFICE
 WILL BE CONSIDERED VACANT FOR PURPOSES OF THE COMMITTEE'S VOTING.
   §  2. Resolved (if the Senate concur), That the foregoing amendment be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.