S4113-2011 - NY Senate Open Legislation - Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general

Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general.

Sponsor: GRIFFO / Committee: RULES
Law Section: Public Officers Law / Law: Amd SS41 & 42, Pub Off L

S4113-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
May 30, 2012: ADVANCED TO THIRD READING
May 23, 2012: 2ND REPORT CAL.
May 22, 2012: 1ST REPORT CAL.854
Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Jun 24, 2011: COMMITTED TO RULES
Jun 14, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: 2ND REPORT CAL.
Jun 7, 2011: 1ST REPORT CAL.1117
Mar 18, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4113-2011 Meetings

Investigations and Government Operations: May 15, 2012, Investigations and Government Operations: May 22, 2012, Investigations and Government Operations: Jun 7, 2011

S4113-2011 Calendars

S4113-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jun 7, 2011

Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Diaz
Ayes W/R (1): Peralta
Nays (1): Squadron

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 22, 2012

Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Diaz
Ayes W/R (2): Squadron, Peralta

S4113-2011 Memo

BILL NUMBER:S4113

TITLE OF BILL:
An act
to amend the public officers law, in relation to vacancies in the office
of comptroller or attorney-general

PURPOSE:
To provide for special elections to be held to fill vacancies in the
offices of the Comptroller and Attorney General.

SUMMARY OF PROVISIONS:
The bill amends the public officers law to provide that when a vacancy
occurs during the term of the comptroller or attorney general or
united states senator, the governor may make a proclamation calling
for a special election to fill such office. The special election
shall be held not less than forty five nor more than sixty days from
the date of the proclamation.

JUSTIFICATION:
The State Comptroller oversees the state's $145.7 billion pension fund
and is responsible for hundreds of yearly audits of cities, towns,
school districts and other government agencies. He or she is
responsible for ensuring that tax dollars are spent prudently and
productively. The Attorney General is the state's chief legal officer.
The State Comptroller, Attorney General and United States Senator are
all representatives of the people of the state and as such should
always be elected by the people even in cases of vacancies. Enactment
of this measure will ensure these officers are chosen by the people
of the state and not the Legislature.

LEGISLATIVE HISTORY:
S.2929 - Investigations Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the same date as a concurrent resolution
entitled "Concurrent Resolution of the Senate and Assembly proposing
an amendment to section 1 of article 5 of the constitution, in relation
to providing for special elections to fill the offices of comptroller
and attorney general", takes effect.

S4113-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4113
 2011-2012 Regular Sessions
 I N  SENATE
 March 18, 2011
 
 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 vacancies in the
 office of comptroller or attorney-general
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 41 of the public officers law, as amended by chap
 ter 91 of the laws of 1928, is amended to read as follows:

 

S 41. Vacancies [filled by legislature] IN THE OFFICE  OF  COMPTROLLER
 OR  ATTORNEY-GENERAL.  When  a  vacancy occurs or exists[, other than by
 removal,] in the office of comptroller or attorney-general, [or a resig-
 nation of either such officer to take effect at  any  future  day  shall
 have been made while the legislature is in session, the two houses ther-
 eof,  by  joint  ballot,  shall  appoint a person to fill such actual or
 prospective vacancy] THE GOVERNOR MAY IN  HIS  OR  HER  DISCRETION  MAKE
 PROCLAMATION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE
 DATE OF SUCH ELECTION, WHICH SHALL BE NOT LESS THAN FORTY-FIVE NOR  MORE
 THAN SIXTY DAYS FROM THE DATE OF THE PROCLAMATION.
 

S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
 amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
 follows:

 4-a.  If  a vacancy occurs in the office of United States senator from
 this state [in any even numbered calendar year on or  after  the  fifty-
 ninth  day  prior  to  the annual primary election, or thereafter during
 said even numbered year, the governor shall make a temporary appointment
 to fill such vacancy until the third day of January in the year  follow-
 ing the next even numbered calendar year.  If such vacancy occurs in any
 even  numbered  calendar  year on or before the sixtieth day prior to an
 annual primary election, the governor shall make a temporary appointment
 to fill such vacancy until the third day of January in the next calendar
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04964-01-1
        S. 4113                             2
 year. If a vacancy occurs in the office of United  States  senator  from
 this  state in any odd numbered calendar year, the governor shall make a
 temporary appointment to fill such vacancy until the third day of  Janu-
 ary  in  the next odd numbered calendar year.  Such an appointment shall
 be evidenced by a certificate of the governor which shall  be  filed  in
 the  office of the state board of elections. At the time for filing such
 certificate], the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE  PROCLAMA
 TION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF
 SUCH ELECTION, WHICH SHALL NOT BE LESS THAN  FORTY-FIVE  NOR  MORE  THAN
 SIXTY  DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall issue
 and file in the office of  the  state  board  of  elections  a  writ  of
 election  directing the election of a United States senator to fill such
 vacancy for the unexpired term at the general  election  next  preceding
 the expiration for the term of such [appointment] SPECIAL ELECTION.
 

S  3.    This  act  shall take effect on the same date as a concurrent
 resolution entitled "CONCURRENT RESOLUTION OF THE  SENATE  AND  ASSEMBLY
 proposing an amendment to section 1 of article 5 of the constitution, in
 relation to providing for special elections to fill the offices of comp
 troller and attorney-general", takes effect.

S4113-2011: Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general