may confer county officers. Concurrent Resolutions. form of government. The adoption of such form of government by the county shall not preclude the legislature from amending or modifying such plan. If under such form of government the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided for by such form of government, shall devolve upon the governing elective body in such county. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city. 3 Legislature 8 27. The legislature shall, by general laws, confer upon the powers on boards of supervisors, or other governing elective bodies, of the boards and several counties of the state such further powers of local legislation and administration as the legislature may, from time to time, deem expedient. In counties which now have, or hereafter have, county auditors or other fiscal officers, authorized to audit bills, accounts, charges, claims or demands against the county, the legislature may confer such powers upon such auditors, or fiscal officers, as the legislature may, from time to time, deem expedient. legisla at next Referred to § 2. Resolved (if the Assembly concur), That the foregoing ture chosen amendments be referred to the legislature to be chosen at the next election of general election of senators and in conformity with section one of article fourteen of the constitution be published for three months previous to the time of such election. senators. Proposed amendment to art. 5. CONCURRENT RESOLUTION of the Senate and Assembly proposing amendments to article five of the constitution, in relation to state officers and departments. Section 1. Resolved (if the Assembly concur), That article five of the constitution be amended to read as follows:1 2 Words 66 or other governing elective bodies " new. 3 Word "and" omitted. Following sentence was formerly part of preceding ɛentence. 4 Word "such" substituted for word "said." 1 Art. 5 materially amended. Concurrent Resolutions. troller and general, troller; du pensation. 1. The comptroller, and attorney-general shall be chosen at a Compgeneral election, at the times and places of electing the governor attorneyand lieutenant-governor, and shall hold their offices for the same election. terms as the governor and lieutenant-governor. The comptroller Compshall be required: (1) To audit all vouchers before payment and ties, comall 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 constitution to the contrary notwithstanding. He shall, at stated times during his continuance in office, 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. partments govern § 2. There shall be the following civil departments in the state Civil degovernment: 1. Executive; 2. Audit and control; 3. Taxation of state and finance; 4. Law; 5. State; 6. Public works; 7. Conservation; ment. 8. Agriculture and markets; 9. Labor; 10. Education; 11. Health; 12. Mental hygiene; charities and correction; 13. Public service; 14. Banking; 15. Insurance; 16. Civil service; 17. Military and naval affairs; 18. Architecture. ment of to depart § 3. At the session immediately following the adoption of this Assignarticle the legislature shall provide by law for the appropriate functions assignment to take effect not earlier than the first day of Jan- ments, etc. uary, one thousand nine hundred and twenty-two, 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 New deshall be created hereafter but this shall not prevent the legis- not to be partments created. Elective officers in office. Existing depart Concurrent Resolutions. lature from creating 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 in office at the time this article as amended takes effect shall continue in office until the end of the terms for which they were elected. Pending the assignment of the civil administrative and ments, etc. executive functions by the legislature pursuant to the directions. of this section, the powers and duties of the several departments, boards, commissions and officers now existing are continued. Subject to the power of the legislature to reduce the number of powers and officers, 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. Officers exercising duties assigned. depart election appointment. or Heads of § 4. The head of the department of audit and control shall be ments; the comptroller, and of the department of law, the attorney-general. Except as otherwise provided in this constitution, the heads of all other departments and the members of all boards, commissions and councils mentioned in this article 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. The heads of the respective departments of education and of agriculture and markets, mental hygiene, charities and correction shall be appointed in a manner to be prescribed by law. Certain offices abolished. Civil ice ap serv and pro § 5. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or commodity 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 pointments state, and of all the civil divisions thereof, including cities and motions. villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examination, which, so far as practicable, shall be competitive; provided, however, that honorably discharged soldiers and sailors from the army and navy of Concurrent Resolutions. 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. legisla at next § 2. Resolved (if the Assembly concur), That the foregoing Referred to amendment be referred to the legislature to be chosen at the next ture chosen general election of senators, and in conformity with section one election of of article fourteen of the constitution be published for three months previous to the time of such election. STATE OF NEW YORK, IN SENATE, The foregoing resolution was duly passed, a majority of all the Senators elected voting in favor thereof. By order of the Senate, President. STATE OF NEW YORK, Apr. 24, 1920. senators. amend CONCURRENT RESOLUTION of the Senate and Assembly Proposed proposing amendments to article five of the constitution, in ment to relation to state officers and departments. Section 1. Resolved (if the Assembly concur), That article five of the constitution be amended to read as follows:1 art. 5. troller and general, troller; du § 1. The comptroller, and attorney-general shall be chosen at Compa general election, at the times and places of electing the gov-attorneyernor and lieutenant-governor, and shall hold their offices for the election. same terms as the governor and lieutenant-governor. The comp-comptroller shall be required: (1) To audit all vouchers before pay- ties, com ment and all official accounts; (2) to audit the accrual and col-pensation. lection 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 constitution to the contrary notwithstanding. He shall, at stated times during his continuance in office, 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 1 Art. 5 materially amended. Civil departments of state government. Assignment of functions to depart New de partments created. Concurrent Resolutions. 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: 1. Executive; 2. Audit and control; 3. Taxation; 4. Finance; 5. Law; 6. State; 7. Public works; 8. Conservation; 9. Agriculture and markets; 10. Labor; 11. Education; 12. Health; 13. Mental hygiene; 14. Charities; 15. Correction; 16. Public service; 17. Banking; 18. Insurance; 19. Civil service; 20. Military and naval affairs; 21. Architecture. § 3. At the session immediately following the adoption of this article the legislature shall provide by law for the appropriate ments, etc. assignment, to take effect not earlier than the first day of January, one thousand nine hundred and twenty-two, 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 not to be be created hereafter but this shall not prevent the legislature from creating 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 in office at the time this article as amended takes effect shall continue in office until the end of the terms for which they were elected. Pending ments, etc. the assignment of the civil administrative and executive functions by the legislature pursuant to the directions of this section, the powers and duties of the several departments, boards, comOfficers ex- missions and officers now existing are continued. Subject to the powers and power of the legislature to reduce the number of officers, when signed. 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. Elective officers in office. Existing depart ercising duties as Heads of departments; 4. The head of the department of finance shall be the treasurer; of the department of audit and control, the comptroller, |