S T A T E O F N E W Y O R K
________________________________________________________________________
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.