S T A T E O F N E W Y O R K
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10553
I N A S S E M B L Y
May 4, 2018
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Governmental 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.
LBD14833-01-8