Bill Text: NY S01067 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the appointment process for state board positions; provides for a 60 day time period to conduct a background check on potential nominees to state board positions before they can officially be appointed.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01067 Detail]
Download: New_York-2023-S01067-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1067 2023-2024 Regular Sessions IN SENATE January 10, 2023 ___________ Introduced by Sens. BORRELLO, HELMING, OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the public officers law and the legislative law, in relation to the appointment process for state board positions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 39 of the public officers law, as amended by chap- 2 ter 122 of the laws of 1947, is amended to read as follows: 3 § 39. Filling vacancies in office of officer appointed by governor and 4 senate. A vacancy which shall occur during the session of the senate, in 5 the office of an officer appointed by the governor by and with the 6 advice and consent of the senate, shall be filled in the same manner as 7 an original appointment. Such a vacancy occurring or existing while the 8 senate is not in session, including offices in which officers are hold- 9 ing over pursuant to the provisions of section five of this chapter or 10 any other law, and offices vacant during the session of the senate, 11 shall be filled by the governor for a term which shall expire upon the 12 appointment and qualification of a successor but in any event such term 13 shall expire at the end of twenty days from the commencement of the next 14 meeting of the senate. There shall be a sixty-day notice period before 15 any nominee is officially appointed and confirmed to a vacant position 16 pursuant to this section, during which time the legislature may contract 17 with an independent private investigator or private investigation firm 18 pursuant to sections six and seven of the legislative law to conduct an 19 investigation and create a report on such nominee containing the results 20 of such investigation, which shall be made available to the appropriate 21 committee and all members of the legislature. 22 § 2. Section 40 of the public officers law is amended to read as 23 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03953-01-3S. 1067 2 1 § 40. Vacancy occurring in office of legislative appointee, during 2 legislative recess. When a vacancy shall occur or exist, otherwise than 3 by expiration of term, during the recess of the legislature, in the 4 office of any officer appointed by the legislature, the governor shall 5 appoint a person to fill the vacancy for a term which shall expire at 6 the end of twenty days from the commencement of the next meeting of the 7 legislature. There shall be a sixty-day notice period before any nominee 8 is officially appointed and confirmed to a vacant position pursuant to 9 this section, during which time the legislature may contract with an 10 independent private investigator or private investigation firm pursuant 11 to sections six and seven of the legislative law to conduct an investi- 12 gation and create a report on such nominee containing the results of 13 such investigation, which shall be made available to the appropriate 14 committee and all members of the legislature. 15 § 3. Section 41 of the public officers law, as amended by chapter 91 16 of the laws of 1928, is amended to read as follows: 17 § 41. Vacancies filled by legislature. When a vacancy occurs or 18 exists, other than by removal, in the office of comptroller or attor- 19 ney-general, or a resignation of either such officer to take effect at 20 any future day shall have been made while the legislature is in session, 21 the two houses thereof, by joint ballot, shall appoint a person to fill 22 such actual or prospective vacancy. There shall be a sixty-day notice 23 period before any nominee is officially appointed and confirmed to a 24 vacant position pursuant to this section, during which time the legisla- 25 ture may contract with an independent private investigator or private 26 investigation firm pursuant to sections six and seven of the legislative 27 law to conduct an investigation and create a report on such nominee 28 containing the results of such investigation, which shall be made avail- 29 able to the appropriate committee and all members of the legislature. 30 § 4. Section 43 of the public officers law, as renumbered by chapter 31 649 of the laws of 1922, is amended to read as follows: 32 § 43. Filling other vacancies. If a vacancy shall occur, otherwise 33 than by expiration of term, with no provision of law for filling the 34 same, if the office be elective, the governor shall appoint a person to 35 execute the duties thereof until the vacancy shall be filled by an 36 election. But if the term of such officer shall expire with the calendar 37 year in which the appointment shall be made, or if the office be appoin- 38 tive, the appointee shall hold for the residue of the term. There shall 39 be a sixty-day notice period before any nominee is officially appointed 40 and confirmed to a vacant position pursuant to this section, during 41 which time the legislature may contract with an independent private 42 investigator or private investigation firm pursuant to sections six and 43 seven of the legislative law to conduct an investigation and create a 44 report on such nominee containing the results of such investigation, 45 which shall be made available to the appropriate committee and all 46 members of the legislature. 47 § 5. Section 6 of the legislative law is amended by adding a new 48 subdivision 9 to read as follows: 49 9. (a) An appropriation shall be made for and the temporary president 50 of the senate and the minority leader of the senate shall, in conjunc- 51 tion with each other, contract with an independent private investigator 52 or private investigation firm to conduct a background check on a poten- 53 tial nominee before being appointed to a vacant position pursuant to 54 sections thirty-nine, forty, forty-one and forty-three of the public 55 officers law. Once a nominee has been named, such nomination shall be 56 submitted to the journal clerk of the senate. Once the journal clerk hasS. 1067 3 1 received such nomination, he or she shall forward such nomination to the 2 appropriate committee related to the position such nominee is being 3 appointed to for review. 4 (b) Once the journal clerk has forwarded the nomination to the appro- 5 priate committee, the sixty-day period referenced pursuant to sections 6 thirty-nine, forty, forty-one and forty-three of the public officers law 7 shall begin. A private investigator or private investigation firm shall 8 then complete their investigation pursuant to paragraph (a) of this 9 subdivision within thirty days and shall submit such report to the 10 appropriate committee and shall make such report available to all 11 members of the senate. The committee, as well as the members of the 12 senate shall then have thirty days to review such report and make any 13 objections or hold any hearings, as necessary, before such nominee is 14 confirmed to such vacant position. 15 § 6. Section 7 of the legislative law, as amended by chapter 506 of 16 the laws of 1960, the closing paragraph as added by chapter 141 of the 17 laws of 1994, is amended to read as follows: 18 § 7. Officers and employees of the assembly. 1. The assembly may 19 choose a clerk, a sergeant-at-arms and a stenographer. When an appropri- 20 ation has been made for the services, temporary or otherwise, of offi- 21 cers and employees of the assembly and their appointment is not other- 22 wise authorized by law, the speaker of the assembly may appoint such 23 officers and employees and fix their compensation, respectively, within 24 the amount provided by appropriation. The majority leader of the assem- 25 bly may appoint a counsel to majority leader, an assistant counsel to 26 majority leader, a secretary to majority leader, and a clerk to majority 27 leader. The minority leader of the assembly may appoint a counsel to 28 minority leader, a clerk to minority, an assistant clerk to minority, a 29 secretary to minority leader, a clerk to minority leader, an assistant 30 clerk to minority leader, a ways and means minority clerk, two stenogra- 31 phers, a clerk-chauffeur and a messenger to minority. In case of the 32 death or resignation of the clerk of the assembly, or his inability to 33 exercise the powers and/or discharge the duties of said office, notwith- 34 standing any other provisions of law the speaker of the assembly shall 35 appoint an acting clerk or designate the assistant clerk as acting clerk 36 to serve until a clerk is chosen by the assembly to fill the vacancy or 37 until the disability shall cease. The acting clerk so appointed or 38 designated as such shall have and exercise all of the powers of the 39 clerk of the assembly until a clerk has been chosen and has qualified or 40 until the disability shall cease. 41 2. Whenever the speaker of the assembly is authorized or required, 42 singly or jointly, to certify or approve warrants or vouchers for the 43 compensation of any person, it shall be sufficient if he execute the 44 first such warrant or voucher, and thereafter the same may be certified 45 or approved by his designee or designees, so long as the rate of such 46 compensation is not increased, and upon proof by affidavit or otherwise 47 that the same is due. Such designation shall be in writing and filed in 48 the office of the speaker and in the office of the comptroller, and 49 shall remain in effect during the term of office of the speaker unless 50 sooner revoked by him. 51 3. Notwithstanding any law to the contrary, the speaker of the assem- 52 bly or his or her designee may authorize expenditures to be made from 53 appropriations or reappropriations made to the assembly ways and means 54 committee, or the allocable portion of an appropriation or reappropri- 55 ation so made to a legislative council, commission or task force the 56 expenditures from which are for assembly purposes in whole or in alloca-S. 1067 4 1 ble part. The speaker of the assembly may effect such authorization by 2 filing his or her approval of such authorization with the state comp- 3 troller. 4 4. (a) An appropriation shall be made for and the speaker of the 5 assembly and the minority leader of the assembly shall, in conjunction 6 with each other, contract with an independent private investigator or 7 private investigation firm to conduct a background check on a potential 8 nominee before being appointed to a vacant position pursuant to sections 9 thirty-nine, forty, forty-one and forty-three of the public officers 10 law. Once a nominee has been named, such nomination shall be submitted 11 to the journal clerk of the assembly. Once the journal clerk has 12 received such nomination, he or she shall forward such nomination to the 13 appropriate committee related to the position such nominee is being 14 appointed to for review. 15 (b) Once the journal clerk has forwarded the nomination to the appro- 16 priate committee, the sixty-day period referenced pursuant to sections 17 thirty-nine, forty, forty-one and forty-three of the public officers law 18 shall begin. A private investigator or private investigation firm shall 19 then complete their investigation pursuant to paragraph (a) of this 20 subdivision within thirty days and shall submit such report to the 21 appropriate committee and shall make such report available to all 22 members of the assembly. The committee, as well as the members of the 23 assembly shall then have thirty days to review such report and make any 24 objections or hold any hearings, as necessary, before such nominee is 25 confirmed to such vacant position. 26 § 7. This act shall take effect immediately.
