NY State Senate Bill S1459

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	opinion referred to judiciary
Jan 03, 2018	referred to judiciary
Feb 10, 2017	opinion referred to judiciary
Jan 13, 2017	to attorney-general for opinion
Jan 09, 2017	referred to judiciary

Co-Sponsors

S1459 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Ren Art 20 to be Art 21, add Art 20 §§1 - 7, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5190
2013-2014: S329
2015-2016: S942

S1459 (ACTIVE) - Summary

Provides for recall which empowers the electors with the ability to remove elective officers in the state and a citywide official in a first class city.

S1459 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1459

 TITLE OF BILL :  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing the addition of a new article 20 to the constitution, in
relation to providing for recall

 PURPOSE OR GENERAL IDEA OF BILL :

This constitutional amendment will give voters the ability to recall
local and statewide elected officers, state senators, assembly
members, supreme court judges and trial court judges.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new article 20 to the constitution to
provide for recall of citywide officials in a "first class city",
state-wide officers, senators, members of the assembly and judges of
the supreme and trial courts.

Section 2 is the "Resolved" clause referring the amendment to the
first regular legislative session convening after the next succeeding
general election of members of the assembly, and, in conformity with
section l of article 19 of the constitution, be published for 3 months
previous to the time of such election.

 JUSTIFICATION :

Unlike 18 other states in the nation, there is no recall system for
voters in New York State to remove an elected official. The power to
remove an elected official rests solely with the Governor.

There is no provision of New York State law that would authorize a
city or local government recall. An elected official is automatically
expelled from office when they are convicted of a felony and may be
removed if they are convicted of a crime "involving a violation of his
oath of office." N.Y. Pub. Off Law § 30 (McKinney 2010).  However, it
appears that the state Constitution bars the removal o f members of
the judiciary and legislators for "misconduct", N.Y.  Const. Art XIII,
§ 5.

In addition, like the New York City Charter City Charter, New York
State law also permits the governor to "remove" a public official
including the chief executive officer of any city under certain
circumstances after giving to such officer a copy of the charges
against him and providing an opportunity to be heard in his defense.
N.Y. Const. Art V, § 4; Art XIII, § 13; N.Y. Pub. Off Law §§ 32;33
(McKinney 2010). In 2010, the White Plains City Council passed a
resolution of no confidence calling on the former Mayor Adam Bradley
to resign. In that instance the Governor could have stepped in to
remove the mayor under New York State law.

Additionally, the White Plains City Charter provided great authority
for the Council allowing that the Council may "punish or expel a
member for disorderly conduct" and the Law Department was looking into
whether this could legally allow the Council to vote to expel the
Mayor. White Plains City Charter Sect. 30. No similar provision exists
in the New York City Charter or Administrative Code and the Charter
does= specifically address removal of the mayor in Chapter 1, sec. 9
vesting the power with the Governor. Therefore, the Governor is the
only entity with the power to remove an elected official and a
constitutional amendment is necessary to make any change to provide
for recall.

 PRIOR LEGISLATIVE HISTORY :

2015-2016, S.942-A
2013-2014, S.329
2011-2012, S.5190

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
Upon passage of the Concurrent Resolution the amendment is 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.

S1459 (ACTIVE) - Bill Text download pdf


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

                                  1459

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 9, 2017
                               ___________

Introduced  by  Sens. AVELLA, PERALTA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing the addition of a new  article  20  to  the  constitution,  in
  relation to providing for recall

  Section  1.  Resolved (if the Assembly concur), That article 20 of the
constitution be renumbered article 21 and a new article 20 be  added  to
read as follows:
                               ARTICLE XX
  SECTION  1.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE
OFFICER.
  § 2. 1. RECALL OF A STATE OFFICER OR OF CITYWIDE OFFICIAL IN  A  FIRST
CLASS  CITY IS INITIATED BY DELIVERING TO THE SECRETARY OF STATE A PETI-
TION ALLEGING REASON FOR RECALL. SUFFICIENCY OF REASON  IS  NOT  REVIEW-
ABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE SIGNED PETITIONS.
  2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
EQUAL  IN NUMBER TO TWELVE PERCENT OF THE LAST VOTE FOR THE OFFICE, WITH
SIGNATURES FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT  OF
THE  LAST  VOTE  FOR  THE  OFFICE  IN  THE  COUNTY. SIGNATURES TO RECALL
SENATORS, MEMBERS OF THE ASSEMBLY, AND  JUDGES  OF  SUPREME  COURTS  AND
TRIAL  COURTS  MUST  EQUAL IN NUMBER TWENTY PERCENT OF THE LAST VOTE FOR
THE OFFICE.
  3. A PETITION TO RECALL A CITYWIDE OFFICIAL IN A FIRST CLASS CITY MUST
BE SIGNED BY ELECTORS EQUAL IN NUMBER TO TWENTY PERCENT OF THE LAST VOTE
FOR THE OFFICE.
  4. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
SIGNATURES CERTIFIED TO THAT OFFICE.
  §  3. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF
APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY  THE  GOVERNOR  AND
HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
CERTIFICATION OF SUFFICIENT SIGNATURES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD89014-01-7

S. 1459                             2

  2.  A  RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS
FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES  IN  ORDER  THAT
THE  ELECTION  MAY  BE  CONSOLIDATED  WITH  THE NEXT REGULARLY SCHEDULED
ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME  JURISDICTION  IN
WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
  3.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER IS
REMOVED AND, IF THERE IS A  CANDIDATE,  THE  CANDIDATE  WHO  RECEIVES  A
PLURALITY  IS  THE  SUCCESSOR.  THE  OFFICER MAY NOT BE A CANDIDATE, NOR
SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILED PURSUANT TO SECTION TWO
OF ARTICLE SIX.
  § 4. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
ELECTION.
  § 5. IF RECALL OF THE GOVERNOR OR SECRETARY OF STATE IS INITIATED, THE
RECALL DUTIES OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT GOVER-
NOR OR COMPTROLLER, RESPECTIVELY.
  § 6. A STATE OFFICER OR CITYWIDE OFFICIAL IN A FIRST CLASS CITY WHO IS
NOT RECALLED SHALL BE REIMBURSED BY THE STATE OR RESPECTIVE CITY FOR THE
OFFICER'S RECALL ELECTION  EXPENSES  LEGALLY  AND  PERSONALLY  INCURRED.
ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE OFFICER UNTIL SIX MONTHS
AFTER THE ELECTION.
  §  7. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS. THIS
SECTION DOES NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS  PROVIDE  FOR
RECALL.
  §  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.

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The New York State Senate

senate Bill S1459

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Co-Sponsors

S1459 (ACTIVE) - Details

S1459 (ACTIVE) - Summary

S1459 (ACTIVE) - Sponsor Memo

S1459 (ACTIVE) - Bill Text download pdf

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senate Bill S1459

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Co-Sponsors

Jose Peralta

S1459 (ACTIVE) - Details

S1459 (ACTIVE) - Summary

S1459 (ACTIVE) - Sponsor Memo

S1459 (ACTIVE) - Bill Text download pdf

Comments