Relates to the transfer of power upon a voluntary declaration by the governor of his or her inability to govern

1 Co-sponsor

• Jane Corwin

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.

It is vital to have the process by which a Governor can voluntarily declare himself or herself unable to discharge the duties of the office set in statute to avoid ambiguity and possible stagnation in the governance of New York State. In addition, it is imperative to have a process by which the Governor can then have that declaration of inability terminated so that he or she can resume the office to which he or she was elected.

This legislation would establish an important legal process by which the Governor may, voluntarily, declare his or her inability to govern by submitting a written declaration to the Chief Judge of the Court of Appeals, 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. The provisions set forth in the legislation would also allow the Governor to resume his or her duties by submitting a written declaration to the contrary to the same parties. This legislation is modeled after provisions set forth in § 3 of the 25th Amendment to the U.S. Constitution stipulating the process by which the President of the United States may declare his or her inability to discharge the powers and duties of the office.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately