Bill S1500-2009

Expands the list of persons eligible to succeed the governor in a time of disaster

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.

Details

Actions

  • Jan 6, 2010: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Feb 2, 2009: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Memo

 BILL NUMBER:  S1500

TITLE OF BILL :

An act to amend the New York state defense emergency act, in relation to persons eligible to succeed the governor

PURPOSE :

To update provisions of law that relate to the order of succession when a vacancy occurs in the office of governor.

SUMMARY OF PROVISIONS :

Section 1 -- Amends the New York State Defense Emergency Act to update and expand the list of officials who may assume and discharge the duties of the office of governor in the event the office becomes vacant.

Section 2 -- Effective date.

JUSTIFICATION :

This legislation amends the New York State Defense Emergency Act to update and expand the line of succession to the office of governor in the event a vacancy occurs. This law has not been updated since 1968, and some New York State offices referenced in that section no longer exist.

Additionally, new executive offices have been created since 1968. This proposal follows the federal model, in which new members of 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 an act of Congress.

LEGISLATIVE HISTORY :

2007-2008: S.3959/A.2923 Passed Senate in 2007 only 2005-2006: S.177 Passed Senate 2003-2004: S.3852-B Passed Senate.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 1500 2009-2010 Regular Sessions IN SENATE February 2, 2009 ___________
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.

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