Bill Text: NY A00581 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the public officers law, in relation to vacancies in the office of comptroller or attorney-general

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A00581 Detail]

Download: New_York-2009-A00581-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          581
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  CAHILL,  BENEDETTO,  BING,  BRENNAN, CUSICK,
         DelMONTE, EDDINGTON,  GALEF,  GIANARIS,  GOTTFRIED,  GUNTHER,  JAFFEE,
         JEFFRIES,  KOON, LUPARDO, MAGEE, MAISEL, ORTIZ, PEOPLES, POWELL, REIL-
         LY, STIRPE, GABRYSZAK, KAVANAGH, CAMARA, P. RIVERA --  Multi-Sponsored
         by -- M. of A. COLTON, HYER-SPENCER, LANCMAN, LAVINE, ROSENTHAL, SWEE-
         NEY  --  read once and referred to the Committee on Governmental Oper-
         ations
       AN ACT to amend the public officers law, in relation to vacancies in the
         office of comptroller or attorney-general
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 41 of the public officers law, as amended by chap-
    2  ter 91 of the laws of 1928, is amended to read as follows:
    3    S 41. Vacancies [filled by legislature] IN THE OFFICE  OF  COMPTROLLER
    4  OR  ATTORNEY-GENERAL.  When  a  vacancy occurs or exists[, other than by
    5  removal,] in the office of comptroller or attorney-general, [or a resig-
    6  nation of either such officer to take effect at  any  future  day  shall
    7  have been made while the legislature is in session, the two houses ther-
    8  eof,  by  joint  ballot,  shall  appoint a person to fill such actual or
    9  prospective vacancy] THE GOVERNOR MAY IN HIS DISCRETION  MAKE  PROCLAMA-
   10  TION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF
   11  SUCH ELECTION, WHICH SHALL BE NOT LESS THAN  FORTY-FIVE  NOR  MORE  THAN
   12  SIXTY DAYS FROM THE DATE OF THE PROCLAMATION.
   13    S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
   14  amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
   15  follows:
   16    4-a.  If  a vacancy occurs in the office of United States senator from
   17  this state [in any even numbered calendar year on or  after  the  fifty-
   18  ninth  day  prior  to  the annual primary election, or thereafter during
   19  said even numbered year, the governor shall make a temporary appointment
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00596-01-9
       A. 581                              2
    1  to fill such vacancy until the third day of January in the year  follow-
    2  ing the next even numbered calendar year.  If such vacancy occurs in any
    3  even  numbered  calendar  year on or before the sixtieth day prior to an
    4  annual primary election, the governor shall make a temporary appointment
    5  to fill such vacancy until the third day of January in the next calendar
    6  year.  If  a  vacancy occurs in the office of United States senator from
    7  this state in any odd numbered calendar year, the governor shall make  a
    8  temporary  appointment to fill such vacancy until the third day of Janu-
    9  ary in the next odd numbered calendar year.  Such an  appointment  shall
   10  be  evidenced  by  a certificate of the governor which shall be filed in
   11  the office of the state board of elections. At the time for filing  such
   12  certificate],  the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE PROCLAMA-
   13  TION OF A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE  DATE  OF
   14  SUCH  ELECTION,  WHICH  SHALL  NOT BE LESS THAN FORTY-FIVE NOR MORE THAN
   15  SIXTY DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall  issue
   16  and  file  in  the  office  of  the  state  board of elections a writ of
   17  election directing the election of a United States senator to fill  such
   18  vacancy  for  the  unexpired term at the general election next preceding
   19  the expiration for the term of such [appointment] SPECIAL ELECTION.
   20    S 3.  This act shall take effect on the  same  date  as  a  concurrent
   21  resolution  entitled  "CONCURRENT  RESOLUTION OF THE SENATE AND ASSEMBLY
   22  proposing an amendment to section 1 of article 5 of the constitution, in
   23  relation to providing for special elections to fill the offices of comp-
   24  troller and attorney-general", takes effect.
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