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

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4806
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 2, 2017
                                       ___________
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
                    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 commission-
          er and the governor submitting a name for a commissioner
     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 commissioner for one hundred eighty days or two hundred
    16  seventy days if the senate is adjourned when the acting commissioner  is
    17  appointed.  The  governor  shall submit a name for the commissioner of a
    18  department with an acting commissioner before one hundred eighty days or
    19  two hundred seventy days if the senate  is  adjourned  when  the  acting
    20  commissioner was appointed.
    21    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    22  be 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.
                                                                   LBD89104-01-7