S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5047
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2011
                                      ___________
       Introduced by M. of A. KOLB, CALHOUN, CONTE, J. MILLER, REILICH, SAYWARD
         --  Multi-Sponsored by -- M. of A. BARCLAY, BURLING, BUTLER, CASTELLI,
         CROUCH, DUPREY, FINCH, FITZPATRICK, GIGLIO, HAWLEY, JORDAN, McDONOUGH,
         McKEVITT,  MOLINARO,  MONTESANO,  OAKS,  RABBITT,  SALADINO,  TEDISCO,
         TOBACCO -- read once and referred to the Committee on Education
       AN ACT to amend the education law, in relation to authorizing the gover-
         nor to appoint the commissioner of education
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 302 of the education law  is  amended  to  read  as
    2  follows:
    3    S 302. How chosen.  The commissioner of education shall be [elected by
    4  a  majority  vote of the regents] APPOINTED BY THE GOVERNOR, BY AND WITH
    5  THE ADVICE AND CONSENT OF THE SENATE.   Residence without the  state  of
    6  New York shall not disqualify him OR HER from [election] APPOINTMENT.
    7    S 2. Section 303 of the education law is amended to read as follows:
    8    S 303. Term  of  office.    The  commissioner of education shall serve
    9  during the pleasure of the [board of regents] GOVERNOR.
   10    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05165-01-1