What's happening
This bill limits how long someone can serve as an acting or temporary commissioner of a New York state agency.
Why it matters
Prevents indefinite “acting” leadership. By capping how long someone can serve as an acting or temporary commissioner, this bill ensures key state agencies aren’t led by unelected, interim appointees for extended periods, increasing accountability.
Pressures timely official appointments. The time limits push the governor and legislature to nominate and confirm permanent commissioners promptly, rather than relying on temporary stand-ins.
Reduces potential for executive overreach. Limiting the duration of acting appointments curtails a governor’s ability to circumvent legislative approval for agency heads, reinforcing legislative oversight and checks and balances.
Promotes stability and clear authority. With shorter windows for temporary leadership, agencies are more likely to have stable, confirmed leaders, which can improve decision-making and policy continuity.
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Who cares
Acting and temporary state commissioners
The bill would limit their service to 45 days while the Legislature is in session or 30 days after it convenes if the vacancy occurred during recess.
State agencies, departments and offices
They would need to plan leadership coverage around the bill’s limits on acting or temporary commissioners.
State legislators
The Legislature’s session and recess calendar would determine which deadline applies to an acting or temporary commissioner’s service.
Headline styles
Limit Acting Commissioner Terms
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2292
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Governmental Operations
AN ACT in relation to holding the position of acting or temporary commissioner
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any provision of law to the contrary, no person may act as or hold the position of an acting or temporary commissioner of any state agency, department or office for more than fortyfive days while the legislature is in session or for more than thirty days after the legislature convenes if the legislature was in recess when the vacancy occurred.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05257-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.