NY State Senate Bill 2021-S3779

Senate Bill S3779

2021-2022 Legislative Session

Relates to the temporary appointment of heads of departments without the advice and consent of the senate

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 30, 2021	referred to investigations and government operations

2021-S3779 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Add §33-b, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7781
2019-2020: S2030
2023-2024: S1601

2021-S3779 (ACTIVE) - Summary

Relates to the temporary appointment of heads of departments without the advice and consent of the senate and sets time limits for serving in such capacity.

2021-S3779 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3779

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the temporary
appointment of heads of departments without the advice and consent of
the senate

 
PURPOSE:

The purpose of this bill is to provide stability at the executive level
of New York's many state agencies, as well as save taxpayer money.

 
SUMMARY OF PROVISIONS:

Section 1 defines the length of time an individual may head an agency in
an acting capacity while the Legislature is both in and out of session,
and it defines how often a person may serve in an acting capacity.

Section 2 is the effective date.

 
JUSTIFICATION:

New York has multiple state agencies and departments that are led by
individuals who are serving that entity in an acting capacity. This is
problematic for a number of reasons. First, by allowing agencies and
departments to be overseen by someone who holds an acting title, the
Governor is refusing to allow the Senate to actively vet an individual
who will be responsible for that agency or department's employees and
the New Yorkers that they service. Second, an individual who holds the
"acting" designation is allowed to continue collecting the pay under
their previous title, whereas if they were to officially hold the posi-
tion they would have to take the salary that is statutorily designated.

Lastly, this would provide stability within a governmental entity
because the public who is serviced by it and the employees who work
there would have a clearly defined organizational structure within the
executive levels of that entity.

 
LEGISLATIVE HISTORY:

2019-20 - S. 2030/A. 2175 - Investigations/Government Operations Commit-
tee.

2018 S. 7781 - passed Senate.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S3779 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3779
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation  to  the  temporary
   appointment  of heads of departments without the advice and consent of
   the senate

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The public officers law is amended by adding a new section
 33-b to read as follows:
   § 33-B. APPOINTMENT OF HEADS OF DEPARTMENTS  WITHOUT  THE  ADVICE  AND
 CONSENT OF THE SENATE. 1. NO PERSON SHALL SERVE AS THE HEAD OF A DEPART-
 MENT  FOR  MORE  THAN  NINETY DAYS WITHOUT THE ADVICE AND CONSENT OF THE
 SENATE WHEN THE LEGISLATURE IS IN SESSION.
   2. WHEN A VACANCY OCCURS WHEN THE LEGISLATURE IS NOT  IN  SESSION,  NO
 PERSON  SHALL  SERVE  AS THE HEAD OF A DEPARTMENT WITHOUT THE ADVICE AND
 CONSENT OF THE SENATE FOR LONGER THAN THIRTY CALENDAR DAYS OF  THE  NEXT
 SUCCEEDING LEGISLATIVE SESSION.
   3.  A  PERSON  MAY  ONLY SERVE AS THE HEAD OF A DEPARTMENT WITHOUT THE
 ADVICE AND CONSENT OF THE SENATE ONCE, REGARDLESS OF THE AMOUNT OF  TIME
 SUCH PERSON SERVED AS THE HEAD OF A DEPARTMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03991-01-1

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