Bill Text: NY A04637 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the commissioner of education to be an elected official.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-25 - opinion referred to judiciary [A04637 Detail]

Download: New_York-2011-A04637-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4637
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2011
                                      ___________
       Introduced  by  M.  of  A. SCHROEDER, ORTIZ, FINCH, KOLB, RAIA -- Multi-
         Sponsored by -- M. of A.  BURLING, CAMARA -- read once and referred to
         the Committee on Education
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 4 of article 5 of the constitution, in
         relation to election of the commissioner of education
    1    Section 1. Resolved (if the Senate concur), That section 4 of  article
    2  5 of the constitution be amended to read as follows:
    3    S  4.  The  head  of  the department of audit and control shall be the
    4  comptroller and of the department of law, the attorney-general. The head
    5  of the department of education shall be The Regents of the University of
    6  the State of New York, [who shall  appoint  and  at  pleasure  remove  a
    7  commissioner of education to be] the chief administrative officer of the
    8  department  SHALL  BE THE COMMISSIONER OF EDUCATION, WHO SHALL BE CHOSEN
    9  AT THE GENERAL ELECTION HELD IN THE YEAR TWO THOUSAND  TWELVE  AND  EACH
   10  FOURTH  YEAR  THEREAFTER,  BY THE CASTING BY EACH VOTER OF A SINGLE VOTE
   11  AND THE LEGISLATURE BY LAW SHALL PROVIDE FOR MAKING SUCH CHOICE IN  SUCH
   12  MANNER.  THE  RESPECTIVE  PERSON HAVING THE HIGHEST NUMBER OF VOTES CAST
   13  FOR THEM FOR COMMISSIONER OF EDUCATION SHALL BE ELECTED.   The  head  of
   14  the department of agriculture and markets shall be appointed in a manner
   15  to  be prescribed by law. Except as otherwise provided in this constitu-
   16  tion, the heads of all other departments and the members of  all  boards
   17  and  commissions,  excepting temporary commissions for special purposes,
   18  shall be appointed by the governor by and with the advice and consent of
   19  the senate and may be removed  by  the  governor,  in  a  manner  to  be
   20  prescribed by law.
   21    S  2. Resolved (if the Senate concur), That the foregoing amendment be
   22  referred to the first regular legislative session  convening  after  the
   23  next  succeeding  general  election  of members of the assembly, and, in
   24  conformity with  section  1  of  article  19  of  the  constitution,  be
   25  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.
                                                                  LBD89088-01-1