Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to investigations and government operations |
Feb 06, 2009 |
referred to investigations and government operations |
Senate Bill S1801
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(R, C, IP, RFM) 24th Senate District
(R, C) Senate District
2009-S1801 (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Rpld & add §42 sub 4-a, amd §41, Pub Off L
2009-S1801 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1801 TITLE OF BILL : An act to amend the public officers law, in relation to vacancies occurring in the offices of United States senator, comptroller or attorney general and to repeal subdivision 4-a of section 42 of the public officers law relating thereto PURPOSE OR GENERAL IDEA OF BILL : To eliminate the unseemly and anti-democratic appointment of individuals by the Governor to vacant statewide offices in favor of special elections. SUMMARY OF PROVISIONS : Amends sections 41 and 42 of the public officers law, to require that when there is a vacancy in the office of U.S. Senator, State Comptroller, or State Attorney General, the Governor order a special election to fill the unexpired term. The Governor would have up to 10 days to set the date for the special election, and would have to set the date for the election at 45 days after the vacancy occurred. If the vacancy occurs within 100 days of a general election, the special election would take place with the general election. JUSTIFICATION : New Yorkers were recently witness to the unseemly process created by
2009-S1801 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1801 2009-2010 Regular Sessions I N S E N A T E February 6, 2009 ___________ Introduced by Sens. GOLDEN, DeFRANCISCO, FUSCHILLO, LANZA, LARKIN, MAZIARZ, MCDONALD, MORAHAN, SEWARD, SKELOS, VOLKER -- 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, in relation to vacancies occur- ring in the offices of United States senator, comptroller or attorney general and to repeal subdivision 4-a of section 42 of the public officers law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4-a of section 42 of the public officers law is REPEALED and a new subdivision 4-a is added to read as follows: 4-A. IF A VACANCY OCCURS IN THE OFFICE OF UNITED STATES SENATOR FROM THIS STATE, THE GOVERNOR SHALL ORDER A SPECIAL ELECTION TO FILL THE VACANCY FOR THE UNEXPIRED TERM. WITHIN TEN DAYS AFTER THE OCCURRENCE OF SUCH VACANCY, THE GOVERNOR SHALL ISSUE A WRIT OF ELECTION FIXING A DATE FOR THE SPECIAL ELECTION NOT MORE THAN FORTY-FIVE DAYS AFTER SUCH OCCUR- RENCE. IF THE VACANCY OCCURS LESS THAN ONE HUNDRED DAYS BEFORE EITHER THE ANNUAL PRIMARY ELECTION DATE OR THE ANNUAL GENERAL ELECTION DATE THEN THE SPECIAL ELECTION TO FILL SUCH VACANCY SHALL BE HELD IN CONCERT WITH THE PRIMARY OR GENERAL ELECTION FOR THAT YEAR. S 2. Section 41 of the public officers law, as amended by chapter 91 of the laws of 1928, is amended to read as follows: S 41. Vacancies filled by legislature. When a vacancy occurs or exists[, other than by removal,] in the office of comptroller or attor- ney-general, or a resignation of either such officer to take effect at any future day shall have been made [while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such actual or prospective vacancy] THE GOVERNOR SHALL ORDER A SPECIAL ELECTION TO FILL THE VACANCY FOR THE UNEXPIRED TERM. WITHIN TEN DAYS AFTER THE OCCURRENCE OF SUCH VACANCY, THE GOVERNOR SHALL ISSUE A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07659-02-9
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