NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4295
SPONSOR: Jensen TITLE OF BILL:
An act to amend the public officers law, in relation to the filling of
vacancies in the office of attorney general or comptroller
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the filling of vacancies in the office of attorney general or
comptroller.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 41 of the public officers law, as amended by chapter
91 of the laws of 1928, is amended to read as follows: § 41. other than
by removal, in the office of comptroller or attorney-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 a two-thirds vote in each house, shall appoint
a person to fill such actual or prospective vacancy.
Section 2: sets the effective date.
JUSTIFICATION:
When one of the state's constitutional offices becomes vacant, it is
critically important for the continuity of government and to ensure that
the work of New Yorkers is being done so that these offices are filled
with all due haste. However, it should be an opportunity for the
people's representatives in the legislature to work collaboratively to
find consensus and identify the most qualified and appropriate person,
regardless of political affiliation, to fill that vacancy, until the
voters themselves elect its next holder. By requiring that any appoint-
ment to the office of Attorney General of Comptroller be confirmed by a
two-thirds vote of both the Assembly and Senate, it would encourage the
members of both parties to work together to put political expediency
aside and look at who would best fit the needs of all New Yorkers rather
than those of a single political party.
PRIOR LEGISLATIVE HISTORY:
A8963 of 2024 - Referred to Governmental Operations
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4295
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to the filling of
vacancies in the office of attorney general or comptroller
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 41 of the public officers law, as amended by chap-
2 ter 91 of the laws of 1928, is amended to read as follows:
3 § 41. Vacancies filled by legislature. When a vacancy occurs or
4 exists[, other than by removal,] in the office of comptroller or attor-
5 ney-general, or a resignation of either such officer to take effect at
6 any future day shall have been made while the legislature is in session,
7 the two houses thereof, by [joint ballot] a two-thirds vote in each
8 house, shall appoint a person to fill such actual or prospective vacan-
9 cy.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08289-01-5
