NY State Senate Bill 2019-S291

Senate Bill S291

2019-2020 Legislative Session

Limits the time between appointing an acting department head and the governor submitting a name for a new department head

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2020	opinion referred to judiciary
Feb 14, 2020	to attorney-general for opinion
Jan 08, 2020	referred to judiciary
Feb 07, 2019	opinion referred to judiciary
Jan 11, 2019	to attorney-general for opinion
Jan 09, 2019	referred to judiciary

2019-S291 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §4, Constn
Versions Introduced in 2017-2018 Legislative Session:: S4806

2019-S291 (ACTIVE) - Summary

Limits the time between appointing an acting department head and the governor submitting a name for new department head to one hundred eighty days or two hundred seventy days when the senate is adjourned.

2019-S291 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S291

SPONSOR: ORTT
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 4 of article 5 of the constitution, in relation to limiting
the time between appointing an acting department head and the governor
submitting a name for a new department head

 
PURPOSE:

This Constitutional Amendment would allow a department to have an new
department head for 180 days or 270 days if the Senate is adjourned when
an acting Commissioner is appointed. Would require a name to be submit-
ted for the head of a department during that period.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 4 of Article 5 of the constitution to allow a
department to have a department head for 180 days or 270 days if the

Senate is adjourned when an acting department head is appointed.  Would
require a name to be submitted for the department's acting heads posi-
tion during that period.

Section 2 is language pertaining to this bill being a Constitutional
amendment.

 
JUSTIFICATION:

Those individuals who serve as department heads of New York's Depart-
ments play a critical role. The New York State Constitution vests the
power of confirmation with the Senate, however there is no requirement
that the Governor must submit a name for confirmation.  This legislation
seeks to provide ample time for the Governor to recruit and decide on
someone to serve as a department head. Current law allows the Governor
to circumvent the Senate and install whoever he sees fit as an acting
department head and therefore removing the checks and balances of the
Senate to conduct committee meetings in which that individual is vetted
by the respective committees and the Senate as a whole.

 
LEGISLATIVE HISTORY:

S. 4806A of 2017/2018; Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This legislation is a Constitutional Amendment.

2019-S291 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    291
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 4 of article 5 of the constitution, in
   relation to limiting the time between appointing an acting  department
   head and the governor submitting a name for a new department head
 
   Section  1. Resolved (if the Assembly concur), That section 4 of arti-
 cle 5 of the constitution be amended to read as follows:
   § 4. The head of the department of audit  and  control  shall  be  the
 comptroller and of the department of law, the attorney-general. The head
 of the department of education shall be The Regents of the University of
 the  State  of  New  York,  who  shall  appoint and at pleasure remove a
 commissioner of education to be the chief administrative officer of  the
 department.  The head of the department of agriculture and markets shall
 be appointed in a manner to be prescribed by law.  Except  as  otherwise
 provided  in  this  constitution, the heads of all other departments and
 the members of all boards and commissions, excepting  temporary  commis-
 sions  for  special  purposes, shall be appointed by the governor by and
 with the advice and consent of the senate and  may  be  removed  by  the
 governor,  in a manner to be prescribed by law.  A DEPARTMENT SHALL ONLY
 HAVE AN ACTING HEAD FOR ONE HUNDRED EIGHTY DAYS OR TWO  HUNDRED  SEVENTY
 DAYS  IF  THE SENATE IS ADJOURNED WHEN THE ACTING HEAD IS APPOINTED. THE
 GOVERNOR SHALL SUBMIT A NAME FOR THE HEAD OF A DEPARTMENT WITH AN ACTING
 HEAD BEFORE ONE HUNDRED EIGHTY DAYS OR TWO HUNDRED SEVENTY DAYS  IF  THE
 SENATE IS ADJOURNED WHEN THE ACTING HEAD WAS APPOINTED.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89022-01-9

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