Relates to filling interim vacancies in the state legislature due to a disaster and to persons eligible to succeed the governor

Title of bill

An act to amend the New York state defense emergency act, in relation to persons eligible to succeed the governor; and to amend the public officers law, in relation to filling interim vacancies in the state legislature due to a disaster

Purpose

: This bill seeks to provide for the rapid reconstitution of the state legislature after a natural or man-made disaster, pending special elections to fill vacant seats, and to update provisions of law that relate to the order of succession when a vacancy occurs in the office of governor.

Summary of provisions

: This bill would update the New York State Defense Emergency Act (Chapter 784 of the Laws of 1951) to provide for an modernized list of succession in the event that the office of governor becomes vacant and each of the lieutenant governor, the temporary president of the Senate and the speaker of the Assembly are each unable to discharge the powers and duties of the office of governor.

This bill would also amend the public officers law to provide for the filling of interim vacancies in the state senate and assembly in the event that a disaster renders enough seats vacant in either house that a quorum is unattainable. This amendment would also require that a special election to fill the vacant seats be held not more than 90 days from the date that the vacancy is created.

In providing for the filling of interim vacancies, this bill specifies that seats must be filled by individuals of the same party affiliation as the individual who occupied the seat prior to the creation of the vacancy.

Justification

: As New York State examines provisions of law that will better prepare it for dealing with emergencies and disasters, it is necessary to ensure that continuity of government is preserved. This legislation will allow for a rapid reconstitution of the legislature in the event that a disaster renders enough seats in either house of the Legislature vacant to render a quorum unattainable.

It should be noted that the U.S. House of Representatives, has recently advanced legislation to quickly reconstitute the membership of that chamber in the event of a catastrophic event.

This bill would update the New York State Defense Emergency Act to update the line of succession to the office of governor in the event a vacancy occurs. This section of law has not been updated since 1968, and some state officers referenced in that law no longer exist, and other new officers have been created. This proposed new section follows 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 act of Congress.

Prior legislative history

: 2008 - S3635 - Advanced to 3rd Reading

Fiscal implications

: None Noted.

Effective date

: This act would take effect immediately.