New York A 9020: Relates to declaring inabilities of the governor, lieutenant-governor and acting governor

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A09020 Summary:

BILL NOA09020 

&nbsp

SAME ASSAME AS S07815

&nbsp

SPONSORButtenschon

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 4 §9, Const

&nbsp

Relates to declaring inabilities of the governor, lieutenant-governor and acting governor; creates the committee on gubernatorial inability.

Go to top A09020 Actions:

BILL NOA09020 

&nbsp

09/05/2025referred to governmental operations

11/05/2025opinion referred to judiciary

01/07/2026referred to governmental operations

01/08/2026to attorney-general for opinion

01/30/2026opinion referred to judiciary

Go to topA09020 Committee&nbspVotes:

Go to topA09020 Floor&nbspVotes:

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

Go to topA09020 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9020

 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

 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to article 4 of the constitution, in relation to
 declaring inabilities of the governor, lieutenant-governor and acting
 governor

 1 Section 1. Resolved (if the Senate concur), That article 4 of the
 2 constitution be amended by adding a new section 9 to read as follows:
 3 § 9. (a) Governor's declaration of inability. Whenever the governor
 4 transmits to the lieutenant-governor, the temporary president of the
 5 senate, the speaker of the assembly, the minority leader of the senate
 6 and the minority leader of the assembly a written declaration of inabil-
 7 ity to discharge the powers and duties of the office of governor, and
 8 until the governor transmits to them a written declaration to the
 9 contrary, such powers and duties shall be discharged by the lieutenant-
 10 governor, or the next available person in the line of succession to the
 11 office of governor, as acting-governor.
 12 (b) Committee on gubernatorial inability. A committee on gubernatorial
 13 inability shall be comprised of the lieutenant-governor, the attorney
 14 general, comptroller and six heads of executive departments, divisions
 15 or offices, as provided by law, who shall have been confirmed by the
 16 senate to lead their departments, divisions or offices. For the purposes
 17 of subdivisions (c) and (d) of this section, should there be a vacancy
 18 in the committee, a written declaration under those paragraphs shall
 19 require a two-thirds vote of the committee.
 20 (c) Committee on gubernatorial inability's declaration of the gover-
 21 nor's inability. Whenever a majority of the committee on gubernatorial
 22 inability, or two-thirds of a partial committee as provided in paragraph
 23 (b) of this section, transmit to the officials receiving the declaration
 24 in paragraph (a) of this section a written declaration that the governor
 25 is unable to discharge the powers and duties of the office of governor,
 26 such powers and duties shall immediately be discharged by the lieuten-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89117-01-5

 A. 9020 2

 1 ant-governor, or the next available official in the line of succession
 2 to the office of governor, as acting-governor.
 3 (d) Governor's declaration of no inability. Thereafter, whenever the
 4 governor transmits to the officials receiving the declaration in para-
 5 graph (a) of this section and the committee on gubernatorial inability a
 6 written declaration that no inability exists, the governor shall resume
 7 the powers and duties of the office of governor on the fourth day after
 8 making such declaration or at such earlier time as may be determined by
 9 such committee, unless a majority of the committee, or two-thirds of a
 10 partial committee as provided by paragraph (b) of this section, transmit
 11 within the four day period to the officials receiving the declaration in
 12 paragraph (a) of this section their written declaration that the gover-
 13 nor is unable to discharge the powers and duties of the office of gover-
 14 nor.
 15 (e) Legislative determination of gubernatorial inability. If there is
 16 a disagreement between the governor and the committee on gubernatorial
 17