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