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Senate Bill S4806A

2017-2018 Legislative Session

Limits the time between appointing an acting department head and the governor submitting a name for a new department head

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2017-S4806 - Details

Current Committee:
Senate Rules
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §4, Constn
Versions Introduced in 2019-2020 Legislative Session:
S291

2017-S4806 - Summary

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.

2017-S4806 - Sponsor Memo

2017-S4806 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4806
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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
 
   Section 1. Resolved (if the Assembly concur), That section 4 of  arti-
 cle 5 of the constitution be amended to read as follows:
   §  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. 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 constitution, the heads of all  other  departments  and
 the  members  of all boards and commissions, excepting temporary commis-
 sions 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.  A DEPARTMENT SHALL  ONLY
 HAVE  AN  ACTING COMMISSIONER FOR ONE HUNDRED EIGHTY DAYS OR TWO HUNDRED
 SEVENTY DAYS IF THE SENATE IS ADJOURNED WHEN THE ACTING COMMISSIONER  IS
 APPOINTED.  THE  GOVERNOR  SHALL SUBMIT A NAME FOR THE COMMISSIONER OF A
 DEPARTMENT WITH AN ACTING COMMISSIONER BEFORE ONE HUNDRED EIGHTY DAYS OR
 TWO HUNDRED SEVENTY DAYS IF THE SENATE  IS  ADJOURNED  WHEN  THE  ACTING
 COMMISSIONER WAS APPOINTED.
   §  2.  Resolved (if the Assembly 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.

co-Sponsors

2017-S4806A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §4, Constn
Versions Introduced in 2019-2020 Legislative Session:
S291

2017-S4806A (ACTIVE) - Summary

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.

2017-S4806A (ACTIVE) - Sponsor Memo

2017-S4806A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4806--A
     Cal. No. 196
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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
 
   Section 1. Resolved (if the Assembly concur), That section 4 of  arti-
 cle 5 of the constitution be amended to read as follows:
   §  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. 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 constitution, the heads of all  other  departments  and
 the  members  of all boards and commissions, excepting temporary commis-
 sions 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.  A DEPARTMENT SHALL  ONLY
 HAVE  AN  ACTING HEAD FOR ONE HUNDRED EIGHTY DAYS OR TWO HUNDRED SEVENTY
 DAYS IF THE SENATE IS ADJOURNED WHEN THE ACTING HEAD IS  APPOINTED.  THE
 GOVERNOR SHALL SUBMIT A NAME FOR THE HEAD OF A DEPARTMENT WITH AN ACTING
 HEAD  BEFORE  ONE HUNDRED EIGHTY DAYS OR TWO HUNDRED SEVENTY DAYS IF THE
 SENATE IS ADJOURNED WHEN THE ACTING HEAD WAS APPOINTED.
   § 2. Resolved (if the Assembly 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

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