S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5937
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the public officers law  and  the  legislative  law,  in
   relation to the appointment process for state board positions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 39 of the public officers law, as amended by  chap-
 ter 122 of the laws of 1947, is amended to read as follows:
   § 39. Filling vacancies in office of officer appointed by governor and
 senate. A vacancy which shall occur during the session of the senate, in
 the  office  of  an  officer  appointed  by the governor by and with the
 advice and consent of the senate, shall be filled in the same manner  as
 an  original appointment. Such a vacancy occurring or existing while the
 senate is not in session, including offices in which officers are  hold-
 ing  over  pursuant to the provisions of section five of this chapter or
 any other law, and offices vacant during  the  session  of  the  senate,
 shall  be  filled by the governor for a term which shall expire upon the
 appointment and qualification of a successor but in any event such  term
 shall expire at the end of twenty days from the commencement of the next
 meeting  of  the senate. THERE SHALL BE A SIXTY-DAY NOTICE PERIOD BEFORE
 ANY NOMINEE IS OFFICIALLY APPOINTED AND CONFIRMED TO A  VACANT  POSITION
 PURSUANT TO THIS SECTION, DURING WHICH TIME THE LEGISLATURE MAY CONTRACT
 WITH  AN  INDEPENDENT PRIVATE INVESTIGATOR OR PRIVATE INVESTIGATION FIRM
 PURSUANT TO SECTIONS SIX AND SEVEN OF THE LEGISLATIVE LAW TO CONDUCT  AN
 INVESTIGATION AND CREATE A REPORT ON SUCH NOMINEE CONTAINING THE RESULTS
 OF  SUCH INVESTIGATION, WHICH SHALL BE MADE AVAILABLE TO THE APPROPRIATE
 COMMITTEE AND ALL MEMBERS OF THE LEGISLATURE.
   § 2. Section 40 of the public officers  law  is  amended  to  read  as
 follows:
   § 40. Vacancy  occurring  in  office  of legislative appointee, during
 legislative recess. When a vacancy shall occur or exist, otherwise  than
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03953-01-3
              

 A. 5937                             2
 
 by  expiration  of  term,  during  the recess of the legislature, in the
 office of any officer appointed by the legislature, the  governor  shall
 appoint  a  person  to fill the vacancy for a term which shall expire at
 the  end of twenty days from the commencement of the next meeting of the
 legislature. THERE SHALL BE A SIXTY-DAY NOTICE PERIOD BEFORE ANY NOMINEE
 IS OFFICIALLY APPOINTED AND CONFIRMED TO A VACANT POSITION  PURSUANT  TO
 THIS  SECTION,  DURING  WHICH  TIME THE LEGISLATURE MAY CONTRACT WITH AN
 INDEPENDENT PRIVATE INVESTIGATOR OR PRIVATE INVESTIGATION FIRM  PURSUANT
 TO  SECTIONS SIX AND SEVEN OF THE LEGISLATIVE LAW TO CONDUCT AN INVESTI-
 GATION AND CREATE A REPORT ON SUCH NOMINEE  CONTAINING  THE  RESULTS  OF
 SUCH  INVESTIGATION,  WHICH  SHALL  BE MADE AVAILABLE TO THE APPROPRIATE
 COMMITTEE AND ALL MEMBERS OF THE LEGISLATURE.
   § 3. Section 41 of the public officers law, as amended by  chapter  91
 of the laws of 1928, is amended to read as follows:
   § 41. Vacancies  filled  by  legislature.  When  a  vacancy  occurs or
 exists, other than by removal, in the office of  comptroller  or  attor-
 ney-general,  or  a resignation of either such officer to take effect at
 any future day shall have been made while the legislature is in session,
 the two houses thereof, by joint ballot, shall appoint a person to  fill
 such  actual  or  prospective vacancy. THERE SHALL BE A SIXTY-DAY NOTICE
 PERIOD BEFORE ANY NOMINEE IS OFFICIALLY APPOINTED  AND  CONFIRMED  TO  A
 VACANT POSITION PURSUANT TO THIS SECTION, DURING WHICH TIME THE LEGISLA-
 TURE  MAY  CONTRACT  WITH AN INDEPENDENT PRIVATE INVESTIGATOR OR PRIVATE
 INVESTIGATION FIRM PURSUANT TO SECTIONS SIX AND SEVEN OF THE LEGISLATIVE
 LAW TO CONDUCT AN INVESTIGATION AND CREATE  A  REPORT  ON  SUCH  NOMINEE
 CONTAINING THE RESULTS OF SUCH INVESTIGATION, WHICH SHALL BE MADE AVAIL-
 ABLE TO THE APPROPRIATE COMMITTEE AND ALL MEMBERS OF THE LEGISLATURE.
   §  4.  Section 43 of the public officers law, as renumbered by chapter
 649 of the laws of 1922, is amended to read as follows:
   § 43. Filling other vacancies. If a  vacancy  shall  occur,  otherwise
 than  by  expiration  of  term, with no provision of law for filling the
 same, if the office be elective, the governor shall appoint a person  to
 execute  the  duties  thereof  until  the  vacancy shall be filled by an
 election. But if the term of such officer shall expire with the calendar
 year in which the appointment shall be made, or if the office be appoin-
 tive, the appointee shall hold for the residue of the term. THERE  SHALL
 BE  A SIXTY-DAY NOTICE PERIOD BEFORE ANY NOMINEE IS OFFICIALLY APPOINTED
 AND CONFIRMED TO A VACANT POSITION  PURSUANT  TO  THIS  SECTION,  DURING
 WHICH  TIME  THE  LEGISLATURE  MAY  CONTRACT WITH AN INDEPENDENT PRIVATE
 INVESTIGATOR OR PRIVATE INVESTIGATION FIRM PURSUANT TO SECTIONS SIX  AND
 SEVEN  OF  THE  LEGISLATIVE LAW TO CONDUCT AN INVESTIGATION AND CREATE A
 REPORT ON SUCH NOMINEE CONTAINING THE  RESULTS  OF  SUCH  INVESTIGATION,
 WHICH  SHALL  BE  MADE  AVAILABLE  TO  THE APPROPRIATE COMMITTEE AND ALL
 MEMBERS OF THE LEGISLATURE.
   § 5. Section 6 of the legislative law  is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.  (A) AN APPROPRIATION SHALL BE MADE FOR AND THE TEMPORARY PRESIDENT
 OF THE SENATE AND THE MINORITY LEADER OF THE SENATE SHALL,  IN  CONJUNC-
 TION  WITH EACH OTHER, CONTRACT WITH AN INDEPENDENT PRIVATE INVESTIGATOR
 OR PRIVATE INVESTIGATION FIRM TO CONDUCT A BACKGROUND CHECK ON A  POTEN-
 TIAL  NOMINEE  BEFORE  BEING  APPOINTED TO A VACANT POSITION PURSUANT TO
 SECTIONS THIRTY-NINE, FORTY, FORTY-ONE AND  FORTY-THREE  OF  THE  PUBLIC
 OFFICERS  LAW.   ONCE A NOMINEE HAS BEEN NAMED, SUCH NOMINATION SHALL BE
 SUBMITTED TO THE JOURNAL CLERK OF THE SENATE. ONCE THE JOURNAL CLERK HAS
 RECEIVED SUCH NOMINATION, HE OR SHE SHALL FORWARD SUCH NOMINATION TO THE
 A. 5937                             3
 
 APPROPRIATE COMMITTEE RELATED TO THE  POSITION  SUCH  NOMINEE  IS  BEING
 APPOINTED TO FOR REVIEW.
   (B)  ONCE THE JOURNAL CLERK HAS FORWARDED THE NOMINATION TO THE APPRO-
 PRIATE COMMITTEE, THE SIXTY-DAY PERIOD REFERENCED PURSUANT  TO  SECTIONS
 THIRTY-NINE, FORTY, FORTY-ONE AND FORTY-THREE OF THE PUBLIC OFFICERS LAW
 SHALL  BEGIN. A PRIVATE INVESTIGATOR OR PRIVATE INVESTIGATION FIRM SHALL
 THEN COMPLETE THEIR INVESTIGATION PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  WITHIN  THIRTY  DAYS  AND  SHALL  SUBMIT SUCH REPORT TO THE
 APPROPRIATE COMMITTEE AND  SHALL  MAKE  SUCH  REPORT  AVAILABLE  TO  ALL
 MEMBERS  OF  THE  SENATE.  THE  COMMITTEE, AS WELL AS THE MEMBERS OF THE
 SENATE SHALL THEN HAVE THIRTY DAYS TO REVIEW SUCH REPORT  AND  MAKE  ANY
 OBJECTIONS  OR  HOLD  ANY HEARINGS, AS NECESSARY, BEFORE SUCH NOMINEE IS
 CONFIRMED TO SUCH VACANT POSITION.
   § 6. 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:
   § 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 inability to
 exercise the powers and/or discharge the duties of said office, notwith-
 standing 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 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  execute  the
 first  such warrant or voucher, and thereafter the same may be certified
 or approved by his 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 comptroller, and
 shall remain in effect during the term of office of the  speaker  unless
 sooner revoked by him.
   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
 A. 5937                             4
 
 filing  his  or  her approval of such authorization with the state comp-
 troller.
   4.  (A)  AN  APPROPRIATION  SHALL  BE  MADE FOR AND THE SPEAKER OF THE
 ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY SHALL,  IN  CONJUNCTION
 WITH  EACH  OTHER,  CONTRACT WITH AN INDEPENDENT PRIVATE INVESTIGATOR OR
 PRIVATE INVESTIGATION FIRM TO CONDUCT A BACKGROUND CHECK ON A  POTENTIAL
 NOMINEE BEFORE BEING APPOINTED TO A VACANT POSITION PURSUANT TO SECTIONS
 THIRTY-NINE,  FORTY,  FORTY-ONE  AND  FORTY-THREE OF THE PUBLIC OFFICERS
 LAW.  ONCE A NOMINEE HAS BEEN NAMED, SUCH NOMINATION SHALL BE  SUBMITTED
 TO  THE  JOURNAL  CLERK  OF  THE  ASSEMBLY.  ONCE  THE JOURNAL CLERK HAS
 RECEIVED SUCH NOMINATION, HE OR SHE SHALL FORWARD SUCH NOMINATION TO THE
 APPROPRIATE COMMITTEE RELATED TO THE  POSITION  SUCH  NOMINEE  IS  BEING
 APPOINTED TO FOR REVIEW.
   (B)  ONCE THE JOURNAL CLERK HAS FORWARDED THE NOMINATION TO THE APPRO-
 PRIATE COMMITTEE, THE SIXTY-DAY PERIOD REFERENCED PURSUANT  TO  SECTIONS
 THIRTY-NINE, FORTY, FORTY-ONE AND FORTY-THREE OF THE PUBLIC OFFICERS LAW
 SHALL  BEGIN. A PRIVATE INVESTIGATOR OR PRIVATE INVESTIGATION FIRM SHALL
 THEN COMPLETE THEIR INVESTIGATION PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  WITHIN  THIRTY  DAYS  AND  SHALL  SUBMIT SUCH REPORT TO THE
 APPROPRIATE COMMITTEE AND  SHALL  MAKE  SUCH  REPORT  AVAILABLE  TO  ALL
 MEMBERS  OF  THE  ASSEMBLY. THE COMMITTEE, AS WELL AS THE MEMBERS OF THE
 ASSEMBLY SHALL THEN HAVE THIRTY DAYS TO REVIEW SUCH REPORT AND MAKE  ANY
 OBJECTIONS  OR  HOLD  ANY HEARINGS, AS NECESSARY, BEFORE SUCH NOMINEE IS
 CONFIRMED TO SUCH VACANT POSITION.
   § 7. This act shall take effect immediately.