Assembly Actions -
Senate Actions - UPPERCASE
|Jun 14, 2018||
opinion referred to judiciary
|May 18, 2018||
to attorney-general for opinion
|May 08, 2018||
referred to judiciary
Senate Bill S8451
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8451 (ACTIVE) - Details
2017-S8451 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8451 SPONSOR: SEPULVEDA 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 the recall of an elected official PURPOSE OR GENERAL IDEA OF BILL: To establish a process for recall elections for state and local elected officials. SUMMARY OF SPECIFIC PROVISIONS: Creates new Article 20 of the State Constitution. Defines recall term and terms to who it will apply: state and local elected officials. Recall would be initiated by a petition with reasons for recall being delivered to the secretary of state. Proponents would then have 90 days to file signed petitions.
2017-S8451 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8451 I N S E N A T E May 8, 2018 ___________ Introduced by Sen. SEPULVEDA -- 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 the recall of an elected official 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 RECALL OF AN ELECTED OFFICER SECTION 1. RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTED OFFICER. § 2. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "STATE ELECTED OFFICIAL" SHALL MEAN THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE COMPTROLLER, THE ATTORNEY GENERAL OR A MEMBER OF THE STATE LEGISLATURE; AND 2. "LOCAL ELECTED OFFICIAL" SHALL MEAN ANY OFFICER ELECTED TO A POSI- TION WITH A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR DISTRICT CORPORATION, OR ANY AGENCY, DEPARTMENT, DIVISION, BOARD, COMMISSION OR BUREAU THEREOF OR A JUDGE OR JUSTICE OF THE SUPREME COURT, TRIAL COURT, COUNTY COURT OR LOCAL COURT. § 3. 1. RECALL OF A STATE ELECTED OFFICIAL OR LOCAL ELECTED OFFICIAL IS INITIATED BY DELIVERING TO THE SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. PROPONENTS HAVE NINETY DAYS TO FILE SIGNED PETITIONS. 2. A RECALL PETITION MUST STATE CLEARLY AND FACTUALLY THE REASON OR REASONS FOR THE RECALL, WHICH MUST BE BASED ON THE ELECTED OFFICIAL'S CONDUCT DURING HIS OR HER TERM OF OFFICE. PERMISSIBLE REASONS SHALL INCLUDE: (A) PHYSICAL OR MENTAL LACK OF FITNESS, OR ACT OF MALFEASANCE OR MISCONDUCT WHILE IN OFFICE; (B) VIOLATION OF OATH OF OFFICE; (C) FAILURE TO PERFORM DUTIES PRESCRIBED BY LAW; (D) WILLFULLY MISUSED, CONVERTED, OR MISAPPROPRIATED, WITHOUT AUTHORI- TY, PUBLIC PROPERTY OR PUBLIC FUNDS ENTRUSTED TO OR ASSOCIATED WITH THE ELECTIVE OFFICE TO WHICH THE OFFICIAL HAS BEEN ELECTED OR APPOINTED; OR
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