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