New York S 1298: Relates to the procedure for voting increases in the rate of state taxes

Bill Text

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S01298 Summary:

BILL NOS01298 

&nbsp

SAME ASSAME AS A04450

&nbsp

SPONSORBORRELLO

&nbsp

COSPNSRHELMING, OBERACKER

&nbsp

MLTSPNSR

&nbsp

Amd §§39, 40, 41 & 43, Pub Off L; amd §§6 & 7, Leg L

&nbsp

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.

Go to top S01298 Actions:

BILL NOS01298 

&nbsp

01/09/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS01298 Committee&nbspVotes:

Go to topS01298 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01298 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1298

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 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:

 1 Section 1. Section 39 of the public officers law, as amended by chap-
 2 ter 122 of the laws of 1947, is amended to read as follows:
 3 § 39. Filling vacancies in office of officer appointed by governor and
 4 senate. A vacancy which shall occur during the session of the senate, in
 5 the office of an officer appointed by the governor by and with the
 6 advice and consent of the senate, shall be filled in the same manner as
 7 an original appointment. Such a vacancy occurring or existing while the
 8 senate is not in session, including offices in which officers are hold-
 9 ing over pursuant to the provisions of section five of this chapter or
 10 any other law, and offices vacant during the session of the senate,
 11 shall be filled by the governor for a term which shall expire upon the
 12 appointment and qualification of a successor but in any event such term
 13 shall expire at the end of twenty days from the commencement of the next
 14 meeting of the senate. There shall be a sixty-day notice period before
 15 any nominee is officially appointed and confirmed to a vacant position
 16 pursuant to this section, during which time the legislature may contract
 17 with an independent private investigator or private investigation firm
 18 pursuant to sections six and seven of the legislative law to conduct an
 19 investigation and create a report on such nominee containing the results
 20 of such investigation, which shall be made available to the appropriate
 21 committee and all members of the legislature.
 22 § 2. Section 40 of the public officers law is amended to read as
 23 follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01653-01-5

 S. 1298 2

 1 § 40. Vacancy occurring in office of legislative appointee, during
 2 legislative recess. When a vacancy shall occur or exist, otherwise than
 3 by expiration of term, during the recess of the legislature, in the
 4 office of any officer appointed by the legislature, the governor shall
 5 appoint a person to fill the vacancy for a term which shall expire at
 6 the end of twenty days from the commencement of the next meeting of the
 7 legislature. There shall be a sixty-day notice period before any nominee
 8 is officially appointed and confirmed to a vacant position pursuant to
 9 this section, during which time the legislature may contract with an
 10 independent private investigator or private investigation firm pursuant
 11 to sections six and seven of the legislative law to conduct an investi-
 12 gation and create a report on such nominee containing the results of
 13 such investigation, which shall be made available to the appropriate
 14 committee and all members of the legislature.
 15 § 3. Section 41 of the public officers law, as amended by chapter 91
 16 of the laws of 1928, is amended to read as follows:
 17 § 41. Vacancies filled by legislature. When a vacancy occurs or
 18 exists, other tha