Bill Text: NY S02123 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 2123 (Prior Session Legislation)

Introduced

Bill Title: Transfers the authority to appoint the commissioner of education from the board of regents to the governor.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-02-01 - OPINION REFERRED TO JUDICIARY [S02123 Detail]

Download: New_York-2009-S02123-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2123
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2009
                                      ___________
       Introduced  by  Sens.  GOLDEN,  LANZA,  SALAND -- read twice and ordered
         printed, and when printed to be committed to the Committee on  Judici-
         ary
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 4 of article 5 of the constitution, in
         relation to the appointment of the commissioner of education
    1    Section  1. Resolved (if the Assembly concur), That section 4 of arti-
    2  cle 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].  THE GOVERNOR, BY AND WITH THE
    7  CONSENT OF THE SENATE, SHALL appoint and at pleasure  remove  a  commis-
    8  sioner  of  education  to  be  the  chief  administrative officer of the
    9  department. The head of the department of agriculture and markets  shall
   10  be  appointed  in  a manner to be prescribed by law. Except as otherwise
   11  provided in this constitution, the heads of all  other  departments  and
   12  the  members  of all boards and commissions, excepting temporary commis-
   13  sions for special purposes, shall be appointed by the  governor  by  and
   14  with  the  advice  and  consent  of the senate and may be removed by the
   15  governor, in a manner to be prescribed by law.
   16    S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
   17  be referred to the first regular legislative session convening after the
   18  next  succeeding  general  election  of members of the assembly, and, in
   19  conformity with  section  1  of  article  19  of  the  constitution,  be
   20  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.
                                                                  LBD89095-01-9