What's happening
This bill limits the time a department can have an acting head to 180 days (or 270 if the senate is adjourned) before the governor must nominate a permanent head.
Why it matters
Promotes accountability and transparency. by ensuring that acting department heads cannot serve indefinitely without Senate review or public scrutiny, preventing prolonged leadership by officials who have not undergone the formal appointment process.
Strengthens the Senate’s role in oversight. by creating a clear deadline for the governor to submit nominees, reinforcing the legislative branch’s check on executive appointments and reducing executive overreach.
Improves organizational stability and direction. within state departments, as prolonged periods with temporary leadership can hinder long-term planning, morale, and effective policy implementation.
Responds to potential political stalling tactics. by preventing governors from sidestepping the Senate’s confirmation process through the use of extended “acting” appointments, thereby ensuring appointments are subject to democratic review.
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Who cares
Headline styles
Limit Acting Department Heads
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
291
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 5 of the constitution, in relation to limiting the time between appointing an acting department head and the governor submitting a name for a new department head
Section 1. Resolved (if the Assembly concur), That section 4 of article 5 of the constitution be amended to read as follows:
§ 4. The head of the department of audit and control shall be the comptroller and of the department of law, the attorney-general. The head of the department of education shall be The Regents of the University of the State of New York, who shall appoint and at pleasure remove a commissioner of education to be the chief administrative officer of the department. The head of the department of agriculture and markets shall be appointed in a manner to be prescribed by law. Except as otherwise provided in this constitution, the heads of all other departments and the members of all boards and commissions, excepting temporary commissions for special purposes, shall be appointed by the governor by and with the advice and consent of the senate and may be removed by the governor, in a manner to be prescribed by law. A department shall only have an acting head for one hundred eighty days or two hundred seventy days if the senate is adjourned when the acting head is appointed. The governor shall submit a name for the head of a department with an acting head before one hundred eighty days or two hundred seventy days if the senate is adjourned when the acting head was appointed.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89022-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 5 of the constitution, in relation to limiting the time between appointing an acting department head and the governor submitting a name for a new department head
Purpose
This Constitutional Amendment would allow a department to have an new department head for 180 days or 270 days if the Senate is adjourned when an acting Commissioner is appointed. Would require a name to be submit- ted for the head of a department during that period.
Summary of provisions
Section 1 amends section 4 of Article 5 of the constitution to allow a department to have a department head for 180 days or 270 days if the Senate is adjourned when an acting department head is appointed. Would require a name to be submitted for the department's acting heads posi- tion during that period.
Section 2 is language pertaining to this bill being a Constitutional amendment.
Justification
Those individuals who serve as department heads of New York's Depart- ments play a critical role. The New York State Constitution vests the power of confirmation with the Senate, however there is no requirement that the Governor must submit a name for confirmation. This legislation seeks to provide ample time for the Governor to recruit and decide on someone to serve as a department head. Current law allows the Governor to circumvent the Senate and install whoever he sees fit as an acting department head and therefore removing the checks and balances of the Senate to conduct committee meetings in which that individual is vetted by the respective committees and the Senate as a whole.
Legislative history
S. 4806A of 2017/2018; Passed Senate
Fiscal implications
None.
Effective date
This legislation is a Constitutional Amendment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.