senate Bill S2031A

Provides that vacancies in the office of regent shall be filled by appointment

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 07 / Feb / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 07 / Feb / 2014
    • PRINT NUMBER 2031A
  • 11 / Mar / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Mar / 2014
    • ORDERED TO THIRD READING CAL.277
  • 13 / Mar / 2014
    • PASSED SENATE
  • 13 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 13 / Mar / 2014
    • REFERRED TO EDUCATION

Summary

Provides that vacancies in the office of regent shall be filled by appointment.

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Bill Details

Versions:
S2031
S2031A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง202, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S7318

Sponsor Memo

BILL NUMBER:S2031A

TITLE OF BILL: An act to amend the education law, in relation to
filling vacancies in the office of regent by appointment

PURPOSE:

To provide for the selection of the board of regents by appointment.

SUMMARY OF PROVISIONS:

This bill amends Section 202 of the Education Law to provide that
there will be seventeen appointed regents; eight of whom would be
chosen by the Governor; three by the Majority Leader of the Senate;
three by the Speaker of the Assembly; one each by the Minority Leaders
of the Senate and Assembly and one appointment to be selected on a
rotating basis amongst the Governor, Majority Leader and Speaker.

EXISTING LAW:

Selection is made by a resolution of the Senate and Assembly, or in
the event there no agreement, by election of the Legislature sitting
in joint Session of 213 members.

JUSTIFICATION:

The composition of the Board of Regents should be a reflection of the
entire State, capturing as wide and diverse a group as possible The
law presently provides that the 17 members of the board reflect
regional representation but when it comes to the selection of each
individual regent, one house has an overwhelming advantage in the
process. This bill would provide for a appointment process that
insures a more open and global participation by the executive and the
majority and minority in the Senate and Assembly. It will strengthen
the system and open up membership to all worthy candidates.

LEGISLATIVE HISTORY:

2012 S.7318.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately.

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

                                 2031--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to filling  vacancies  in
  the office of regent by appointment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 202 of the  education  law,
subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
sion  2  as amended by chapter 296 of the laws of 1984 and as designated
by chapter 892 of the laws of 1985, are amended to read as follows:
  1. The University of the State of New York shall be governed  and  all
its  corporate  powers  exercised  by a board of regents [the number] of
[whose] SEVENTEEN members [shall at all times  be  four  more  than  the
number  of  the  then existing judicial districts of the state and shall
not be less than fifteen].  The regents in office April first,  nineteen
hundred  seventy-four shall hold office, in the order of their election,
for such times that the term of one such regent will expire in each year
on the first day of April.  Commencing  April  first,  nineteen  hundred
seventy-four,  each  regent  shall be elected for a term of seven years,
each such term to expire on the first day of April. Commencing on  April
first,  nineteen hundred ninety-four, each regent shall be elected for a
term of five years, each such term to expire on the first day of  April.
[Each]  ON  AND  AFTER  JANUARY FIRST, TWO THOUSAND FIFTEEN, EACH regent
shall be [elected by the legislature by  concurrent  resolution  in  the
preceding  March,  on  or  before  the first Tuesday of such month.  If,
however, the legislature fails to agree on such concurrent resolution by
the first Tuesday of such month, then the two houses shall meet in joint

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06208-03-4

S. 2031--A                          2

session at noon on the second Tuesday of such month and proceed to elect
such regent by joint ballot] APPOINTED AS FOLLOWS:
  A.  OF  THE  SIX  VACANCIES  THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
FIFTEEN, TWO MEMBERS SHALL BE APPOINTED BY  THE  GOVERNOR,  TWO  MEMBERS
SHALL  BE  APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE AND TWO
MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  B. OF THE TWO VACANCIES THAT SHALL OCCUR  IN  THE  YEAR  TWO  THOUSAND
SIXTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  C.  OF  THE  THREE VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
SEVENTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,  PROVIDED,  THAT  THE
NEXT SUBSEQUENT VACANCY IN THE OFFICE OF REGENT APPOINTED BY THE SPEAKER
OF THE ASSEMBLY PURSUANT TO THIS PARAGRAPH SHALL BE FILLED BY THE TEMPO-
RARY  PRESIDENT OF THE SENATE AND THE NEXT SUCH VACANCY BY THE GOVERNOR.
SUCH SUBSEQUENT VACANCY SHALL CONTINUE TO BE FILLED ON A ROTATING  BASIS
BY  APPOINTMENT  BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE GOVERNOR;
  D. OF THE TWO VACANCIES THAT SHALL OCCUR  IN  THE  YEAR  TWO  THOUSAND
EIGHTEEN,  ONE  MEMBER SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND
  E. OF THE FOUR VACANCIES THAT SHALL OCCUR IN  THE  YEAR  TWO  THOUSAND
NINETEEN,  ONE  MEMBER  SHALL  BE  APPOINTED BY THE GOVERNOR, ONE MEMBER
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER  SHALL  BE
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY AND ONE MEMBER SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE SENATE.
  2.  All  vacancies in such office, either for full or unexpired terms,
shall be so filled that there shall always be in the membership  of  the
board  of  regents  at  least  one  resident  of  each  of  the judicial
districts.  [A vacancy in the office of  regent  for  other  cause  than
expiration  of term of service shall be filled for the unexpired term by
an election at the session of the legislature immediately following such
vacancy in the manner prescribed in the preceding paragraph, unless  the
legislature  is  in  session when such vacancy occurs, in which case the
vacancy shall be filled by such legislature in the manner prescribed  in
the  preceding  paragraph,  except  as hereinafter provided. However, if
such vacancy occurs after the second  Tuesday  in  March  and  before  a
resolution  to  adjourn  sine die has been adopted by either house, then
the vacancy shall be filled by concurrent resolution, unless the  legis-
lature  fails to agree on such concurrent resolution within three legis-
lative days after its passage by one house, in which case the two houses
shall meet in joint session at noon on  the  next  legislative  day  and
proceed  to  elect such regent by joint ballots; provided, however, that
if the vacancy occur after the adoption by either house of a  resolution
to  adjourn  sine  die,  then  the  vacancy  shall be filled at the next
session of the legislature in the manner  prescribed  in  the  preceding
paragraph.]
  S  2.  This  act  shall take effect immediately and shall apply to all
vacancies in the office of regent occurring after such date.

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