S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8256
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by M. of A. GIBBS -- read once and referred to the Committee
   on Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing amendments to sections 2 and 4 of  article  5,  section  5  of
   article  14  and  section  1  of  article  19  of the constitution, in
   relation to the role of  the  attorney-general  as  the  head  of  the
   department of justice and of the chief state's attorney as the head of
   the department of law
 
   Section  1. Resolved (if the Senate concur), That section 2 of article
 5 of the constitution be amended to read as follows:
   § 2. There shall be not more than [twenty]  TWENTY-ONE  civil  depart-
 ments  in  the  state  government,  including  those referred to in this
 constitution. The legislature may by law change the names of the depart-
 ments referred to in this constitution.
   § 2. Resolved (if the Senate concur), That section 4 of article  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] JUSTICE, the  attorney-gener-
 al.  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 offi-
 cer of the department. The head of the  department  of  agriculture  and
 markets shall be appointed in a manner to be prescribed by law. THE HEAD
 OF  THE  DEPARTMENT OF LAW SHALL BE THE CHIEF STATE'S ATTORNEY WHO SHALL
 BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT  OF  THE
 SENATE.  Except as otherwise provided in this constitution, 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.
   §  3. Resolved (if the Senate concur), That section 5 of article 14 of
 the constitution be amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89112-01-5
 A. 8256                             2
 
   § 5. A violation of any of the  provisions  of  this  article  may  be
 restrained at the suit of the people or, with the consent of the supreme
 court  in  appellate division, on notice to the [attorney-general] CHIEF
 STATE'S ATTORNEY at the suit of any citizen.
   §  4. Resolved (if the Senate concur), That section 1 of article 19 of
 the constitution be amended to read as follows:
   Section 1. Any amendment or amendments to  this  constitution  may  be
 proposed  in  the senate and assembly whereupon such amendment or amend-
 ments shall be referred to the [attorney-general] CHIEF STATE'S ATTORNEY
 whose duty it shall be within twenty days thereafter to render an  opin-
 ion  in  writing  to  the  senate  and assembly as to the effect of such
 amendment or amendments upon other provisions of the constitution.  Upon
 receiving such opinion, if the amendment or amendments as proposed or as
 amended  shall be agreed to by a majority of the members elected to each
 of the two houses,  such  proposed  amendment  or  amendments  shall  be
 entered  on  their  journals,  and  the ayes and noes taken thereon, and
 referred to the next regular legislative  session  convening  after  the
 succeeding  general  election  of  members of the assembly, and shall be
 published for three months previous to the time of making  such  choice;
 and  if  in  such legislative session, such proposed amendment or amend-
 ments shall be agreed to by a majority of all  the  members  elected  to
 each  house, then it shall be the duty of the legislature to submit each
 proposed amendment or amendments to the  people  for  approval  in  such
 manner  and at such times as the legislature shall prescribe; and if the
 people shall approve and ratify such amendment or amendments by a major-
 ity of the electors voting thereon, such amendment or  amendments  shall
 become a part of the constitution on the first day of January next after
 such  approval.    Neither  the  failure of the [attorney-general] CHIEF
 STATE'S ATTORNEY to render an opinion concerning such a proposed  amend-
 ment  nor  [his  or  her] SUCH CHIEF STATE'S ATTORNEY'S failure to do so
 timely shall affect [th] THE validity  of  such  proposed  amendment  or
 legislative action thereon.
   §  5. 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.