Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to governmental operations |
Sep 04, 2009 |
referred to governmental operations |
Assembly Bill A9127
2009-2010 Legislative Session
Sponsored By
SCHIMMINGER
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Jane Corwin
2009-A9127 (ACTIVE) - Details
2009-A9127 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9127 TITLE OF BILL: An act to amend the executive law, in relation to the transfer of power upon a voluntary declaration by the governor of his or her inability to govern PURPOSE OF THE BILL: This bill would establish the procedure for the governor to make a voluntary declaration of his or her inability to govern. SUMMARY OF SPECIFIC PROVISIONS: § 1- The Executive Law is amended by adding a new section 3-a to specify the process for the Governor to declare, voluntarily, his or her inability to govern. § 2- Effective date. JUSTIFICATION: Article IV, § 5 of the New York State Constitution states, "In case the governor is... otherwise unable to discharge the powers and duties of the office of governor, the lieutenant-governor shall act as governor until the inability shall cease or until the term of the governor shall expire." However, neither the New York State Constitution nor New York State Law establishes a process or procedure for such an event to commence or cease.
2009-A9127 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9127 2009-2010 Regular Sessions I N A S S E M B L Y September 4, 2009 ___________ Introduced by M. of A. SCHIMMINGER, CORWIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to the transfer of power upon a voluntary declaration by the governor of his or her inability to govern THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 3-a to read as follows: S 3-A. DECLARATION OF INABILITY TO GOVERN. WHENEVER THE GOVERNOR TRAN- SMITS TO THE CHIEF JUDGE OF THE COURT OF APPEALS, THE LIEUTENANT-GOVER- NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEM- BLY A WRITTEN DECLARATION OF INABILITY TO DISCHARGE THE POWERS AND DUTIES OF THE OFFICE OF GOVERNOR, AND UNTIL THE GOVERNOR THEREAFTER TRANSMITS TO THEM A WRITTEN DECLARATION TO THE CONTRARY, SUCH POWERS AND DUTIES SHALL BE DISCHARGED BY THE LIEUTENANT-GOVERNOR OR OTHER PERSON NEXT IN LINE OF SUCCESSION, AS ACTING GOVERNOR. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14558-01-9
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