NY State Senate Bill 2017-S7781

Senate Bill S7781

2017-2018 Legislative Session

Relates to the temporary appointment of heads of departments without the advice and consent of the senate

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2018	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1128 committee discharged and committed to rules
Feb 22, 2018	referred to investigations and government operations

Votes

- May 9, 2018 - Floor Vote
  S7781
  
  49
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2018
      
      aye (49)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (13)
      
      Bailey
      
      Breslin
      
      Brooks
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Mayer
      
      Montgomery
      
      Rivera
      
      Sepúlveda
      
      excused (1)
      
      Funke
  May 9, 2018 - Rules Committee Vote
  S7781
  
  21
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 9, 2018
      
      aye (21)
      
      Bonacic
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Gianaris
      
      aye wr (3)
      
      Breslin
      
      Kennedy
      
      Rivera

2017-S7781 (ACTIVE) - Details

See Assembly Version of this Bill:: A10553
Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Add §33-b, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2030, A2175
2021-2022: S3779
2023-2024: S1601
2025-2026: S3375

2017-S7781 (ACTIVE) - Summary

Relates to the temporary appointment of heads of departments without the advice and consent of the senate and sets time limits for serving in such capacity.

2017-S7781 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7781

SPONSOR: GRIFFO
 
TITLE OF BILL:  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

 
PURPOSE:

The purpose of this bill is to provide stability at the executive level
of New York's many state agencies, as well as save taxpayer money.

 
SUMMARY OF PROVISIONS:

Section 1 defines the length of time an individual may head an agency in
an acting capacity while the Legislature is both in and out of session,
and it defines how often a person may serve in an acting capacity.

Section 2 is the effective date.

EXISTING LAW:

Currently there is no limit to how long an individual may serve as the
acting head of an agency or department.

 
JUSTIFICATION:

New York has multiple state agencies and departments that are led by
individuals who are serving that entity in an acting capacity. This is
problematic for a number of reasons. First, by allowing agencies and
departments to be overseen by someone who holds an acting title, the
Governor is refusing to allow the Senate to actively vet an individual
who will be responsible for that agency or department's employees and
the New Yorkers that they service. Second, an individual who holds the
"acting" designation is allowed to continue collecting the pay under
their previous title, whereas if they were to officially hold the posi-
tion they would have to take the salary that is statutorily designated.
Lastly, this would provide stability within a governmental entity
because the public who is serviced by it and the employees who work
there would have a clearly defined organizational structure within the
executive levels of that entity.

 
LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7781 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7781
 
                             I N  S E N A T E
 
                             February 22, 2018
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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

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