NY State Senate Bill 2023-S1067

Current Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Jan 10, 2023	referred to investigations and government operations

co-Sponsors

2023-S1067 (ACTIVE) - Details

See Assembly Version of this Bill:: A5937
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§39, 40, 41 & 43, Pub Off L; amd §§6 & 7, Leg L
Versions Introduced in 2021-2022 Legislative Session:: S7242

2023-S1067 (ACTIVE) - Summary

Relates to the appointment process for state board positions; provides for a 60 day time period to conduct a background check on potential nominees to state board positions before they can officially be appointed.

2023-S1067 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1067

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the public officers law and the legislative law, in
relation to the appointment process for state board positions

 
PURPOSE:

Relates to the appointment process for state board positions

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one Amends Section 39 of the public officers law, as amended by
chapter 122 of the laws of 1947 to include a sixty day notice period
before any nominee is officially. appointed and confirmed to a vacant
position on appointments by the governor and senate.

Section two Amends Section 40 of the public officers law, to include a
sixty day notice period before any nominee is officially appointed and
confirmed to a vacant position on recess appointments.

Section three, Amends Section 41 of the public officers law, as amended
by chapter 91 of the laws of 1928 to include a sixty day notice period
before any nominee is officially appointed and confirmed to a vacant
position on appointments to the office of comptroller or attorney-gener-
al.

Section four, Amends Section 43 of the public officers law, as amended
by chapter 649 of the laws of 1922 to include a sixty day notice period
before any nominee is officially appointed and confirmed to a vacant
position on appointments to an elective office.

Section five, Amends Section 6 of the legislative law by adding a new
subdivision 9 to appropriate funding to the temporary president of the
senate and the minority leader of the senate to contract with an inde-
pendent private investigator or private investigation firm to conduct a
background check on a potential nominee before being appointed to a
vacant position.

Section six, Amends Section 7 of the legislative law as amended by chap-
ter 506 of the laws of 1960, the closing paragraph as added by chapter
141 of the laws of 1994, appropriates funding to the speaker of the
assembly and the minority leader of the assembly to 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.

Section seven, this act shall take effect immediately.

 
JUSTIFICATION:

Currently, formal nomination is delivered to the senate appointments
office, whereby the resume and appointments process form for a nominee
is submitted. The standard questionnaire from the governor's office is
limited, there is no requirement that a nominee submit all information,
and there is no formal process for submission of the questions by the
public.
While the advice and consent is required, full reviews of candidates are
up to the executive or are evaluated by individuals potentially
appointed by the same process or by the same entity appointing the
candidate.

This bill will create funding for the Senate and Assembly, Majorities
and Minority leaders, to contract independent investigations into poten-
tial appointments and establish a 60 day delay in the appointment to
allow for vetting of prospective appointees.

This measure is important to ensure that there is true transparency and
accountability when it comes to our appointments process. Far too often,
nominations are just pushed through without any real deliberation. This
bill strives to curb this problem so that New Yorkers can have faith in
this vital function of state government.

 
PRIOR LEGISLATIVE HISTORY:

2022: S.7242 Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1067 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1067
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  BORRELLO,  HELMING,  OBERACKER  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Investigations and Government 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03953-01-3
 S. 1067                             2

 
   § 40. Vacancy occurring in office  of  legislative  appointee,  during
 legislative  recess. When a vacancy shall occur or exist, otherwise than
 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
 S. 1067                             3
 
 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  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-
 S. 1067                             4
 
 ble part. The speaker of the assembly may effect such  authorization  by
 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.

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Senate Bill S1067

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2023-S1067 (ACTIVE) - Details

2023-S1067 (ACTIVE) - Summary

2023-S1067 (ACTIVE) - Sponsor Memo

2023-S1067 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1067

Share this bill

Sponsored By

George M. Borrello

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

Pamela Helming

Peter Oberacker

2023-S1067 (ACTIVE) - Details

2023-S1067 (ACTIVE) - Summary

2023-S1067 (ACTIVE) - Sponsor Memo

2023-S1067 (ACTIVE) - Bill Text download pdf

Comments