New York A 9022: Relates to the line of succession for the office of governor; repealer

Bill Text

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A09022 Summary:

BILL NOA09022 

&nbsp

SAME ASSAME AS S07812

&nbsp

SPONSORButtenschon

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §44, Pub Off L; rpld Art 1-A, Chap 784 of 1951

&nbsp

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

Go to top A09022 Actions:

BILL NOA09022 

&nbsp

09/05/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA09022 Committee&nbspVotes:

Go to topA09022 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09022 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9022

 2025-2026 Regular Sessions

 IN ASSEMBLY

 September 5, 2025
 ___________

 Introduced by M. of A. BUTTENSCHON -- read once and referred to the
 Committee on Governmental 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:

 1 Section 1. The public officers law is amended by adding a new section
 2 44 to read as follows:
 3 § 44. Officials eligible to act as governor. 1. For the purposes of
 4 article four of the constitution, if the office of governor becomes
 5 vacant or if the governor is impeached or unable to discharge the powers
 6 and duties of the office of governor, and each of the lieutenant gover-
 7 nor, the temporary president of the senate and the speaker of the assem-
 8 bly is unable to act as governor or each office is vacant, then the
 9 official who is highest on the following list shall act as governor
 10 until a new governor is elected, or the governor or lieutenant governor
 11 is acquitted or becomes able: attorney general, comptroller, commission-
 12 er of transportation, commissioner of health, commissioner of financial
 13 services, secretary of state, commissioner of labor and commissioner of
 14 agriculture, provided that such official otherwise meets the criteria
 15 set forth in section two of article four of the constitution and was
 16 confirmed by the senate or elected to lead the official's respective
 17 department.
 18 2. Whenever any official listed in subdivision one of this section
 19 shall act as governor, that official shall be required to vacate the
 20 official's existing position and shall remain eligible to act as gover-
 21 nor following such resignation. Notwithstanding the foregoing, if any
 22 official listed in subdivision one of this section shall act as governor
 23 when the governor or lieutenant governor is under impeachment or unable
 24 to discharge the powers and duties of office, such official shall not be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11676-01-5

 A. 9022 2

 1 required to vacate that official's existing position until they have
 2 served as acting governor for sixty consecutive days. However, while
 3 serving as acting governor during such sixty-day period, that official
 4 shall not be permitted to discharge any powers and duties of the offi-
 5 cial's original position.
 6 3. Any official listed in subdivision one of this section may decline
 7 to act as governor, making them unable to act as governor. In the event
 8 any official listed in subdivision one of this section is unable to act
 9 as governor or is ineligible to do so, the official next highest on the
 10 list who is eligible and able shall act as governor until a new governor
 11 is elected, or the governor or lieutenant governor is acquitted or
 12 becomes able.
 13 4. If an official acts as governor under this section, the official
 14 shall discharge all the powers and duties of the office of governor as
 15 if the official had been elected governor.
 16 § 2. Article 1-A of chapter 784 of the laws of 1951, constituting the
 17 New York state defense emergency act, is REPEALED.
 18 § 3. This act shall take effect on the same date as a "CONCURRENT
 19 RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article
 20 4 of the constitution, to the line of succession to the offi