Relates to office staffing requirements during assembly member vacancies; requires the speaker of the assembly to appoint at least two staff members to continue the office services of a vacant assembly member's district office.
STATE OF NEW YORK
________________________________________________________________________
6217
2015-2016 Regular Sessions
IN ASSEMBLY
March 17, 2015
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the legislative law, in relation to district office
staffing requirements during assembly member vacancies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7 of the legislative law, as amended by chapter 506
2 of the laws of 1960, the closing paragraph as added by chapter 141 of
3 the laws of 1994, is amended to read as follows:
4 § 7. Officers and employees of the assembly. 1. The assembly may
5 choose a clerk, a sergeant-at-arms and a stenographer. When an appropri-
6 ation has been made for the services, temporary or otherwise, of offi-
7 cers and employees of the assembly and their appointment is not other-
8 wise authorized by law, the speaker of the assembly may appoint such
9 officers and employees and fix their compensation, respectively, within
10 the amount provided by appropriation. The majority leader of the assem-
11 bly may appoint a counsel to majority leader, an assistant counsel to
12 majority leader, a secretary to majority leader, and a clerk to majority
13 leader. The minority leader of the assembly may appoint a counsel to
14 minority leader, a clerk to minority, an assistant clerk to minority, a
15 secretary to minority leader, a clerk to minority leader, an assistant
16 clerk to minority leader, a ways and means minority clerk, two stenogra-
17 phers, a clerk-chauffeur and a messenger to minority. In case of the
18 death or resignation of the clerk of the assembly, or his or her inabil-
19 ity to exercise the powers and/or discharge the duties of said office,
20 notwithstanding any other provisions of law the speaker of the assembly
21 shall appoint an acting clerk or designate the assistant clerk as acting
22 clerk to serve until a clerk is chosen by the assembly to fill the
23 vacancy or until the disability shall cease. The acting clerk so
24 appointed or designated as such shall have and exercise all of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09422-03-5
A. 6217 2
1 powers of the clerk of the assembly until a clerk has been chosen and
2 has qualified or until the disability shall cease.
3 2. Whenever the speaker of the assembly is authorized or required,
4 singly or jointly, to certify or approve warrants or vouchers for the
5 compensation of any person, it shall be sufficient if he or she execute
6 the first such warrant or voucher, and thereafter the same may be certi-
7 fied or approved by his or her designee or designees, so long as the
8 rate of such compensation is not increased, and upon proof by affidavit
9 or otherwise that the same is due. Such designation shall be in writing
10 and filed in the office of the speaker and in the office of the comp-
11 troller, and shall remain in effect during the term of office of the
12 speaker unless sooner revoked by him or her.
13 3. Notwithstanding any law to the contrary, the speaker of the assem-
14 bly or his or her designee may authorize expenditures to be made from
15 appropriations or reappropriations made to the assembly ways and means
16 committee, or the allocable portion of an appropriation or reappropri-
17 ation so made to a legislative council, commission or task force the
18 expenditures from which are for assembly purposes in whole or in alloca-
19 ble part. The speaker of the assembly may effect such authorization by
20 filing his or her approval of such authorization with the state comp-
21 troller.
22 4. In the event of a vacancy of an assembly member, in order to
23 protect the interests of the constituents of a district where there is
24 such a vacancy, the speaker of the assembly or his or her designee shall
25 appoint at least two people to continue the office services of such
26 vacant assembly member's district office until such vacancy is filled.
27 § 2. This act shall take effect immediately.
