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SENATE AND ASSEMBLY.
PROPOSED AMENDMENTS TO THE CONSTITUTION OF
THE STATE OF NEW YORK CONCURRENT RESOLUTION of the Senate and Assembly pro- Proposed
posing an amendment to section two of article one of the constitution, by providing for the impanelling of additional jurors to art. to fill vacancies which may occur prior to the submission of the case to the jury.
Section 1. Resolved (if the Assembly concur), That section two of article one of the constitution be amended to read as follows: § 2. The trial by jury in all cases in which it has been hereto- Trial by
jury. fore used shall remain inviolate forever; but the legislature may provide for the impanelling of additional jurors to attend during the trial to fill any vacancies which from any cause occur on a jury prior to the final submission of the case to the jury;' but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
§ 2. Resolved (if the Assembly concur), That the foregoing Referred amendment be referred to the legislature to be chosen at the next lature general election of senators, and in conformity with section one of chosen article fourteen of the constitution be published for three months election previous to the time of such election.
STATE OF NEW YORK
IN SENATE, Mar 26 1925 The foregoing resolution
duly passed a majority of all the Senators elected voting in favor thereof. By order of the Senate
STATE OF NEW YORK
amend ment to
CONCURRENT RESOLUTION of the Senate and Assembly pro- Proposed
posing amendments to article five and section eleven of article eight of the constitution, in relation to state officers and depart- art. 5; ments, and the visitation, inspection and administration of s 11. charitable, correctional and other institutions.
Section 1. Resolved (if the Assembly concur), That article five of the constitution be amended to read as follows:
1 Words“ but the legislature may provide for the impanelling of additional jurors to attend during the trial to fill any vacancies which froin any cause occur on a jury prior to the final submission of the case to the jury," new.
1 The amendments proposed by this resolution are so numerous and extensive that it is impracticable to indicate the changes proposed.
Comptroller and attorney. general; election, terms.
troller and attorney
Departments in state government,
Concurrent Resolutions § 1. The comptroller and attorney-general shall be chosen at a general election, at the times and places of electing the governor and lieutenant-governor, and shall hold office for the same term as the governor and lieutenant-governor. The comptroller shall be
required: (1) To audit all vouchers before payment and all powers' and official accounts; (2) to audit the accrual and collection of all
revenues and receipts; and (3) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties. In such respect the legislature shall define his powers and duties and may also assign to him supervision of the accounts of any political subdivision of the state, but shall assign to him no administrative duties, excepting such as may be incidental to the
performance of these functions, any other provision of this constiComp
tution to the contrary notwithstanding. Each of the officers in this
article named shall, at stated times during his continuance in office, general;
receive for his services a compensation which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive to his use any fees or perquisites of office or other compensation.
§ 2. There shall be the following civil departments in the state government: First, executive; second, audit and control; third, taxation and finance; fourth, law; fifth, state; sixth, public works; seventh, architecture; eighth, conservation; ninth, agriculture and markets; tenth, labor; eleventh, education; twelfth, health; thirteenth, mental hygiene; fourteenth, charities; fifteenth, correction; sixteenth, public service; seventeenth, banking; eighteenth, insurance; ninetenth, civil service; twentieth, military and naval
$ 3. At the session immediately following the adoption of this
article the legislature shall provide by law for the appropriate to depart
assignment, to take effect not earlier than the first day of July, one thousand nine hundred and twenty-six, of all the civil, administrative and executive functions of the state government, to the several departments in this article provided. Subject to the limitations contained in this constitution, the legislature may from time to time assign by law new powers and functions to departments, officers, boards or commissions continued or created under this constitution, and increase, modify or diminish their powers and functions. No specific grant of power herein to a department shall prevent the legislature from conferring additional powers upon such department. No new departments shall be created hereafter, but this shall not prevent the legislature from creating temporary commissions for special purposes and nothing contained in this article shall prevent the legislature from reducing the number of departments as provided for in this
article, by consolidation or otherwise. The elective state officers ber of de- in office at the time this article as amended takes effect shall con
tinue in office until the end of the terms for which they were Tempor. elected. Pending the assignment of the civil, administrative and
executive functions by the legislature pursuant to the directions
ment of functions
No new departments ; temporary commissions. Reduction of Dum
Concurrent Resolutions of this section, the powers and duties of the several departments, of officers, boards, commissions and officers now existing are continued. Subject to the power of the legislature to reduce the number of officers, powers, when the powers and duties of any existing office are assigned to any department, the officers exercising such powers shall continue in office in such department, and their term of office shall not be shortened by such assignment.
§ 4. The head of the department of audit and control shall be Heads of the comptroller and of the department of law, the attorney-general, ments. 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 mentioned in this article, 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 inanner to be prescribed by law.
$ 5. All offices for the weighing, gauging, measuring, culling or certain inspecting any merchandise, produce, manufacture or commodity abolished. whatever, are hereby abolished; and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the state in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter.
§ 6. Appointments and promotions in the civil service of the Civil state, and of all the civil divisions thereof, including cities and Serpoint villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as motions. practicable, shall be competitive; provided, however, that 'honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made.
Laws shall be made to provide for the enforcement of this section.
§ 2. Resolved (if the Assembly concur), That section eleven of article eight of the constitution be amended to read as follows:
§ 11. The legislature shall provide for a state board of charities, State which shall visit and inspect all institutions, whether state, county, or a charimunicipal, incorporated or not incorporated, which are of a chari- ties; intable, eleemosynary, correctional or reformatory character, excepting state institutions for the education and support of the blind and the deaf and dumb, and excepting also such institutions as are hereby made subject to the visitation and inspection of either