Bill Text: NY S00291 | 2019-2020 | 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 1-0)

Status: (Introduced - Dead) 2020-03-13 - OPINION REFERRED TO JUDICIARY [S00291 Detail]

Download: New_York-2019-S00291-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           291
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        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  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.
                                                                   LBD89022-01-9