Bill Text: NY S04806 | 2017-2018 | General Assembly | Amended

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Bill Title: Limits the time between appointing an acting department head and the governor submitting a name for new department head to one hundred eighty days or two hundred seventy days when the senate is adjourned.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S04806 Detail]

Download: New_York-2017-S04806-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4806--A
            Cal. No. 196
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 2, 2017
                                       ___________
        Introduced  by  Sens. ORTT, CROCI -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary  --  recom-
          mitted to the Committee on Judiciary in accordance with Senate Rule 6,
          sec.  8  --  reported  favorably from said committee, ordered to first
          report, amended on first  report,  ordered  to  a  second  report  and
          ordered reprinted, retaining its place in the order of second report
                    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
     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    §  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. The head of the department of agriculture and markets  shall
     9  be  appointed  in  a manner to be prescribed by law. Except as otherwise
    10  provided in this constitution, the heads of all  other  departments  and
    11  the  members  of all boards and commissions, excepting temporary commis-
    12  sions for special purposes, shall be appointed by the  governor  by  and
    13  with  the  advice  and  consent  of the senate and may be removed by the
    14  governor, in a manner to be prescribed by law.  A department shall  only
    15  have  an  acting head for one hundred eighty days or two hundred seventy
    16  days if the senate is adjourned when the acting head is  appointed.  The
    17  governor shall submit a name for the head of a department with an acting
    18  head  before  one hundred eighty days or two hundred seventy days if the
    19  senate is adjourned when the acting head was appointed.
    20    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    21  be referred to the first regular legislative session convening after the
    22  next  succeeding  general  election  of members of the assembly, and, in
    23  conformity with  section  1  of  article  19  of  the  constitution,  be
    24  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.
                                                                   LBD89104-02-8