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.