NY State Senate Bill 2025-S7812

Current Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2025	referred to investigations and government operations

2025-S7812 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Add §44, Pub Off L; rpld Art 1-A, Chap 784 of 1951

2025-S7812 (ACTIVE) - Summary

Relates to the line of succession for the office of governor when the governor is impeached or unable to perform such governor's duties.

2025-S7812 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7812

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the line of
succession to the office of governor; and to repeal article 1-A of the
New York state defense emergency act relating thereto

 
PURPOSE:

To improve the statutory line of succession to the office of governor by
ensuring that it is usable in all situations when it is needed and
removing executive departments that no longer exist.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the public officers law by adding a new section 44
which specifies a list of successors to the governor's office comprising
the heads of eight executive departments.

Section 2: Repeals Article 1-A of the Defense Emergency Act of 1951,

which provides the current line of succession to the governor's office.

Section 3: Sets the effective date

 
JUSTIFICATION:

The current statutory line of succession to the office of governor,
which lists successors beyond those designated in the constitution, is
only usable when "an attack or a natural or peacetime disaster" causes a
"vacancy" in the governor's office. These limitations can leave the
state without an acting governor in many situations. The "vacancy"
requirement makes the statutory line of succession unusable in all cases
where the governor is unable. Even when there is a vacancy, statutory
successors cannot act as governor unless the vacancy was caused by an
"attack" or "disaster." Of course, most vacancies will not be caused by
such events. This act removes these restrictions. It activates imme-
diately upon the incapacity, vacancy, or impeachment of the governor and
the constitutionally-designated successors (lieutenant-governor, tempo-
rary president of the Senate, and speaker of the Assembly).

This act also removes positions in the current line of succession that
no longer exist. Otherwise, the act retains a line of succession
comprising heads of executive departments. The first two successors-the
attorney general and the comptroller-are elected statewide, which
provides vital democratic legitimacy to their status as gubernatorial
successors. The remaining successors derive democratic legitimacy from
being nominated by the governor and confirmed by the Senate. All succes-
sors in this act lead agencies in the executive branch. This provides
relevant government leadership experience and familiarity with the exec-
utive branch's functioning that makes these officials prepared to serve
as acting-governor.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the same date as a "CONCURRENT RESOLUTION
OF THE SENATE AND ASSEMBLY proposing an amendment to article 4 of the
constitution, to the line of succession to the office of the governor"
takes effect, in accordance with section 1 of article 19 of the consti-
tution.

2025-S7812 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7812
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in  relation  to  the  line  of
   succession to the office of governor; and to repeal article 1-A of the
   New York state defense emergency act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public officers law is amended by adding a new  section
 44 to read as follows:
   §  44.  OFFICIALS  ELIGIBLE TO ACT AS GOVERNOR. 1. FOR THE PURPOSES OF
 ARTICLE FOUR OF THE CONSTITUTION, IF  THE  OFFICE  OF  GOVERNOR  BECOMES
 VACANT OR IF THE GOVERNOR IS IMPEACHED OR UNABLE TO DISCHARGE THE POWERS
 AND  DUTIES OF THE OFFICE OF GOVERNOR, AND EACH OF THE LIEUTENANT GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
 BLY IS UNABLE TO ACT AS GOVERNOR OR EACH  OFFICE  IS  VACANT,  THEN  THE
 OFFICIAL  WHO  IS  HIGHEST  ON  THE FOLLOWING LIST SHALL ACT AS GOVERNOR
 UNTIL A NEW GOVERNOR IS ELECTED, OR THE GOVERNOR OR LIEUTENANT  GOVERNOR
 IS ACQUITTED OR BECOMES ABLE: ATTORNEY GENERAL, COMPTROLLER, COMMISSION-
 ER  OF TRANSPORTATION, COMMISSIONER OF HEALTH, COMMISSIONER OF FINANCIAL
 SERVICES, SECRETARY OF STATE, COMMISSIONER OF LABOR AND COMMISSIONER  OF
 AGRICULTURE,  PROVIDED  THAT  SUCH OFFICIAL OTHERWISE MEETS THE CRITERIA
 SET FORTH IN SECTION TWO OF ARTICLE FOUR OF  THE  CONSTITUTION  AND  WAS
 CONFIRMED  BY  THE  SENATE  OR ELECTED TO LEAD THE OFFICIAL'S RESPECTIVE
 DEPARTMENT.
   2. WHENEVER ANY OFFICIAL LISTED IN SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL  ACT  AS  GOVERNOR,  THAT OFFICIAL SHALL BE REQUIRED TO VACATE THE
 OFFICIAL'S EXISTING POSITION AND SHALL REMAIN ELIGIBLE TO ACT AS  GOVER-
 NOR  FOLLOWING  SUCH  RESIGNATION. NOTWITHSTANDING THE FOREGOING, IF ANY
 OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION SHALL ACT AS GOVERNOR
 WHEN THE GOVERNOR OR LIEUTENANT GOVERNOR IS UNDER IMPEACHMENT OR  UNABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11676-01-5

 S. 7812                             2
 
 TO DISCHARGE THE POWERS AND DUTIES OF OFFICE, SUCH OFFICIAL SHALL NOT BE
 REQUIRED  TO  VACATE  THAT  OFFICIAL'S EXISTING POSITION UNTIL THEY HAVE
 SERVED AS ACTING GOVERNOR FOR SIXTY  CONSECUTIVE  DAYS.  HOWEVER,  WHILE
 SERVING  AS  ACTING GOVERNOR DURING SUCH SIXTY-DAY PERIOD, THAT OFFICIAL
 SHALL NOT BE PERMITTED TO DISCHARGE ANY POWERS AND DUTIES OF  THE  OFFI-
 CIAL'S ORIGINAL POSITION.
   3.  ANY OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION MAY DECLINE
 TO ACT AS GOVERNOR, MAKING THEM UNABLE TO ACT AS GOVERNOR. IN THE  EVENT
 ANY  OFFICIAL LISTED IN SUBDIVISION ONE OF THIS SECTION IS UNABLE TO ACT
 AS GOVERNOR OR IS INELIGIBLE TO DO SO, THE OFFICIAL NEXT HIGHEST ON  THE
 LIST WHO IS ELIGIBLE AND ABLE SHALL ACT AS GOVERNOR UNTIL A NEW GOVERNOR
 IS  ELECTED,  OR  THE  GOVERNOR  OR  LIEUTENANT GOVERNOR IS ACQUITTED OR
 BECOMES ABLE.
   4. IF AN OFFICIAL ACTS AS GOVERNOR UNDER THIS  SECTION,  THE  OFFICIAL
 SHALL  DISCHARGE  ALL THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR AS
 IF THE OFFICIAL HAD BEEN ELECTED GOVERNOR.
   § 2. Article 1-A of chapter 784 of the laws of 1951, constituting  the
 New York state defense emergency act, is REPEALED.
   §  3.  This  act  shall  take effect on the same date as a "CONCURRENT
 RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to  article
 4  of  the  constitution, to the line of succession to the office of the
 governor" takes effect, in accordance with section 1 of  article  19  of
 the constitution.

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Senate Bill S7812

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2025-S7812 (ACTIVE) - Details

2025-S7812 (ACTIVE) - Summary

2025-S7812 (ACTIVE) - Sponsor Memo

2025-S7812 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7812

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2025-S7812 (ACTIVE) - Details

2025-S7812 (ACTIVE) - Summary

2025-S7812 (ACTIVE) - Sponsor Memo

2025-S7812 (ACTIVE) - Bill Text download pdf

Comments