New York Senate Bill S07815

New York 2025-2026 Regular Session

• Introduced: 5/9/25
• Refer: 5/9/25
• Refer: 6/4/25

Caption

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

Impact

The establishment of a committee on gubernatorial inability is a notable point addressed in the bill. This committee will consist of key state officials, including the lieutenant-governor, attorney general, and heads of executive departments, all confirmed by the state senate. The committee will evaluate and issue declarations regarding the governor's capability to perform their duties, which could shift the dynamics of power within the state's executive branch. The necessity for a two-thirds majority vote within the committee to affirm a declaration of inability aims to add an element of checks and balances in these situations.

Summary

Bill S07815 proposes an amendment to Article 4 of the New York Constitution regarding the incapacitation of the governor, lieutenant-governor, and acting governor. The bill establishes a procedure for the declaration of inability by the governor to exercise their duties, which then triggers the discharge of those powers to the lieutenant-governor or the next person in the line of succession. This is intended to ensure continuity in executive governance during periods where the governor may be unable to perform their duties due to health reasons or other incapacitations.

Contention

Concerns surrounding the bill include the potential for politicization of the process involved in declaring a gubernatorial inability. Critics argue that the powers bestowed upon the committee and the legislative oversight present risks of manipulation based on political interests rather than genuine incapacity. Additionally, there may be apprehensions regarding the swift actions required by the legislature in responding to declarations of inability, as decisions will need to be made quickly within specific timeframes, which could affect the stability of state governance during critical times.