S T A T E O F N E W Y O R K
________________________________________________________________________
6217
2015-2016 Regular Sessions
I N A S S E M B L Y
March 17, 2015
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the legislative law, in relation to district office
staffing requirements during assembly member vacancies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of the legislative law, as amended by chapter 506
of the laws of 1960, the closing paragraph as added by chapter 141 of
the laws of 1994, is amended to read as follows:
S 7. Officers and employees of the assembly. 1. The assembly may
choose a clerk, a sergeant-at-arms and a stenographer. When an appropri-
ation has been made for the services, temporary or otherwise, of offi-
cers and employees of the assembly and their appointment is not other-
wise authorized by law, the speaker of the assembly may appoint such
officers and employees and fix their compensation, respectively, within
the amount provided by appropriation. The majority leader of the assem-
bly may appoint a counsel to majority leader, an assistant counsel to
majority leader, a secretary to majority leader, and a clerk to majority
leader. The minority leader of the assembly may appoint a counsel to
minority leader, a clerk to minority, an assistant clerk to minority, a
secretary to minority leader, a clerk to minority leader, an assistant
clerk to minority leader, a ways and means minority clerk, two stenogra-
phers, a clerk-chauffeur and a messenger to minority. In case of the
death or resignation of the clerk of the assembly, or his OR HER inabil-
ity to exercise the powers and/or discharge the duties of said office,
notwithstanding any other provisions of law the speaker of the assembly
shall appoint an acting clerk or designate the assistant clerk as acting
clerk to serve until a clerk is chosen by the assembly to fill the
vacancy or until the disability shall cease. The acting clerk so
appointed or designated as such shall have and exercise all of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09422-03-5
A. 6217 2
powers of the clerk of the assembly until a clerk has been chosen and
has qualified or until the disability shall cease.
2. Whenever the speaker of the assembly is authorized or required,
singly or jointly, to certify or approve warrants or vouchers for the
compensation of any person, it shall be sufficient if he OR SHE execute
the first such warrant or voucher, and thereafter the same may be certi-
fied or approved by his OR HER designee or designees, so long as the
rate of such compensation is not increased, and upon proof by affidavit
or otherwise that the same is due. Such designation shall be in writing
and filed in the office of the speaker and in the office of the comp-
troller, and shall remain in effect during the term of office of the
speaker unless sooner revoked by him OR HER.
3. Notwithstanding any law to the contrary, the speaker of the assem-
bly or his or her designee may authorize expenditures to be made from
appropriations or reappropriations made to the assembly ways and means
committee, or the allocable portion of an appropriation or reappropri-
ation so made to a legislative council, commission or task force the
expenditures from which are for assembly purposes in whole or in alloca-
ble part. The speaker of the assembly may effect such authorization by
filing his or her approval of such authorization with the state comp-
troller.
4. IN THE EVENT OF A VACANCY OF AN ASSEMBLY MEMBER, IN ORDER TO
PROTECT THE INTERESTS OF THE CONSTITUENTS OF A DISTRICT WHERE THERE IS
SUCH A VACANCY, THE SPEAKER OF THE ASSEMBLY OR HIS OR HER DESIGNEE SHALL
APPOINT AT LEAST TWO PEOPLE TO CONTINUE THE OFFICE SERVICES OF SUCH
VACANT ASSEMBLY MEMBER'S DISTRICT OFFICE UNTIL SUCH VACANCY IS FILLED.
S 2. This act shall take effect immediately.