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Assembly Bill A4637

2011-2012 Legislative Session

Requires the commissioner of education to be an elected official

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Archive: Last Bill Status - In Assembly Committee

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2011-A4637 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง4, Constn
Versions Introduced in 2009-2010 Legislative Session:
A8343

2011-A4637 (ACTIVE) - Summary

Requires the commissioner of education to be an elected official.

2011-A4637 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4637

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A. SCHROEDER, ORTIZ, FINCH, KOLB, RAIA -- Multi-
  Sponsored by -- M. of A.  BURLING, CAMARA -- read once and referred to
  the Committee on Education

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 4 of article 5 of the constitution, in
  relation to election of the commissioner of education

  Section 1. Resolved (if the Senate concur), That section 4 of  article
5 of the constitution be amended to read as follows:
  S  4.  The  head  of  the department of audit and control shall be the
comptroller and of the department of law, the attorney-general. The head
of the department of education shall be The Regents of the University of
the State of New York, [who shall  appoint  and  at  pleasure  remove  a
commissioner of education to be] the chief administrative officer of the
department  SHALL  BE THE COMMISSIONER OF EDUCATION, WHO SHALL BE CHOSEN
AT THE GENERAL ELECTION HELD IN THE YEAR TWO THOUSAND  TWELVE  AND  EACH
FOURTH  YEAR  THEREAFTER,  BY THE CASTING BY EACH VOTER OF A SINGLE VOTE
AND THE LEGISLATURE BY LAW SHALL PROVIDE FOR MAKING SUCH CHOICE IN  SUCH
MANNER.  THE  RESPECTIVE  PERSON HAVING THE HIGHEST NUMBER OF VOTES CAST
FOR THEM FOR COMMISSIONER OF EDUCATION SHALL BE ELECTED.   The  head  of
the department of agriculture and markets shall be appointed in a manner
to  be prescribed by law. Except as otherwise provided in this constitu-
tion, the heads of all other departments and the members of  all  boards
and  commissions,  excepting temporary commissions for special purposes,
shall be appointed by the governor by and with the advice and consent of
the senate and may be removed  by  the  governor,  in  a  manner  to  be
prescribed by law.
  S  2. Resolved (if the Senate concur), That the foregoing amendment be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
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.
                                                           LBD89088-01-1

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