S T A T E   O F   N E W   Y O R K
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                                  4222

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. CROUCH, SAYWARD -- Multi-Sponsored by -- M. of A.
  GIGLIO,  TOWNSEND -- read once and referred to the Committee on Insur-
  ance

AN ACT to amend the insurance law and the election law, in  relation  to
  establishing  the  superintendent  of insurance as a statewide elected
  office

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  201  of  the insurance law is amended to read as
follows:
  S 201. Insurance department; superintendent. (A) The insurance depart-
ment of the state of New York shall be continued, and shall possess  all
powers,  functions,  and duties which it possessed immediately preceding
the effective date of this chapter.  The head of the department shall be
the superintendent of insurance, who shall be [appointed by  the  gover-
nor,  by  and  with  the advice and consent of the senate, and who shall
hold office until the end of the term of the governor  by  whom  he  was
appointed and until his successor is appointed and qualified] ELECTED BY
THE  PEOPLE  OF  THE  STATE OF NEW YORK AS PROVIDED IN SUBSECTION (B) OF
THIS SECTION. PROVIDED, HOWEVER, THAT UNTIL THE  SUPERINTENDENT  ELECTED
PURSUANT  TO SUBSECTION (B) OF THIS SECTION COMMENCES HIS OR HER TERM OF
OFFICE, THE GOVERNOR  SHALL  CONTINUE  TO  APPOINT  THE  SUPERINTENDENT,
SUBJECT  TO  THE  ADVICE  AND CONSENT OF THE SENATE.  The superintendent
shall possess the rights, powers, and duties,  in  connection  with  the
business  of insurance in this state, expressed or reasonably implied by
this chapter or any other applicable law of this state.
  (B) THE SUPERINTENDENT SHALL BE CHOSEN AT THE SAME GENERAL ELECTION AS
THE GOVERNOR, BEGINNING WITH THE GENERAL ELECTION SCHEDULED ON  NOVEMBER
SECOND,  TWO  THOUSAND  TWELVE,  AND  HOLD OFFICE FOR THE SAME TERM, AND
SHALL POSSESS THE QUALIFICATIONS PROVIDED IN SECTION TWO OF ARTICLE FOUR
OF THE STATE CONSTITUTION. THE LEGISLATURE  SHALL  PROVIDE  FOR  FILLING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06973-01-9
              

A. 4222                             2

VACANCIES  IN THE OFFICE OF SUPERINTENDENT. NO ELECTION OF A SUPERINTEN-
DENT SHALL BE HAD EXCEPT AT THE TIME OF ELECTING A GOVERNOR.
  S  2.  Section  9-206 of the election law, as amended by chapter 13 of
the laws of 1988, is amended to read as follows:
  S 9-206. Canvass of election district returns of general  and  special
elections.  The canvassing board shall canvass the votes cast within the
county for state, county, city and town offices; also the vote  cast  on
any  ballot  proposal.    The  canvass by the county board of canvassers
relating to the offices of president and vice president  of  the  United
States,  governor, lieutenant-governor, state comptroller, attorney-gen-
eral, SUPERINTENDENT OF INSURANCE, United States senator, member of  the
house  of  representatives,  member  of  the state senate, member of the
assembly and any ballot proposal shall show in  each  election  district
the total number of persons voting at such election, the number of votes
cast  for  each  candidate,  the number of unrecorded or blank votes for
each of the above-mentioned offices and each ballot  proposal.  Write-in
votes  cast  for  president  or  vice president for persons who were not
certified by the state board of elections  as  write-in  candidates  for
such  offices  shall not be canvassed for such candidates but such votes
shall be canvassed as void votes. If, during the  canvass,  there  shall
clearly  appear to be any omission or clerical mistake in the return for
any district filed with the board of elections, the canvassing board may
summon the election officers before the board, and such  officers  shall
meet  forthwith  and  make any necessary correction, in order that their
canvass may be correctly stated, but they shall not alter  any  decision
theretofore made by them.
  S  3.  Section 14-110 of the election law, as amended by chapter 46 of
the laws of 1984, is amended to read as follows:
  S 14-110. Place for filing  statements.  The  places  for  filing  the
statements required by this article shall be determined by rule or regu-
lation  of  the  state  board  of elections; provided, however, that the
statements of a candidate for election to the office of governor,  lieu-
tenant governor, attorney general, comptroller, SUPERINTENDENT OF INSUR-
ANCE,  member  of  the legislature, delegate to a constitutional conven-
tion, justice of the supreme court or for nomination for any such office
at a primary election and of any committee aiding or taking part in  the
designation,  nomination,  election  or  defeat of candidates for one or
more of such offices or promoting the success or defeat of a question to
be voted on by the voters of the entire state shall be  filed  with  the
state  board of elections and in such other places as the state board of
elections may, by rule or regulation provide.
  S 4. Subdivision 1 of section 17-154 of the election law is amended to
read as follows:
  1. Intimidate, threaten  or  coerce,  or  to  attempt  to  intimidate,
threaten or coerce, any other person for the purpose of interfering with
the  right  of such other person to vote or to vote as he may choose, or
for the purpose of causing such other person to vote for, or not to vote
for, any candidate for  the  office  of  governor,  lieutenant-governor,
attorney-general, comptroller, SUPERINTENDENT OF INSURANCE, judge of any
court,  member  of the senate, or member of the assembly at any election
held solely or in part for the purpose of selecting a governor, lieuten-
ant-governor, attorney-general, comptroller,  SUPERINTENDENT  OF  INSUR-
ANCE,  any judge or any member of the senate or any member of the assem-
bly; or,
  S 5. This act shall take effect immediately.