BILL NUMBER: S1298
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 appoint-
ing 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:
2024: S1067/A5937 Referred to Investigations and Government Operations
2023: S1067/A5937 Referred to Investigations and Government Operations
2022: S.7242 Referred to Investigations and Government Operations
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1298: 39 public officers law, 40 public officers law, 41 public officers law, 43 public officers law, 6 legislative law