senate Bill S6790

Amended

Relates to the election of regents and the creation of the commission on regents

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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

  • 11 / Mar / 2014
    • REFERRED TO RULES
  • 11 / Mar / 2014
    • ORDERED TO THIRD READING CAL.280
  • 20 / Mar / 2014
    • AMENDED ON THIRD READING 6790A
  • 20 / Jun / 2014
    • RECOMMITTED TO RULES

Summary

Relates to the election of regents and the creation of the commission on regents.

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Bill Details

Versions:
S6790
S6790A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §202, add §202-a, Ed L

Sponsor Memo

BILL NUMBER:S6790

TITLE OF BILL: An act to amend the education law, in relation to the
election of regents and the creation of the commission on regents

PURPOSE: This bill creates a commission on regents nomination appointed
by the Governor, the temporary president of the senate, the speaker and
the minority leaders of the senate and the assembly to review candidates
for the Board of Regents.

SUMMARY OF PROVISIONS:

Section 1 establishes that terms for the Regents expire April 1, 2015
and each regent elected after April 1, 2015 shall serve for a term of
five years.

Section 2 creates the commission on regents nomination which shall
consist of ten members appointed by the Governor, the president pro
temp, the speaker and the minority leaders of the Assembly and the
Senate. Members shall serve for two years and shall consider and evalu-
ate candidates for the Board of Regents and make recommendations to the
Governor. For each vacancy, the commission shall recommend to the Gover-
nor at least three persons and not more than seven persons. The Gover-
nor shall make his appointment among those recommended to him by the
commission no sooner than fifteen days and no later than thirty days.
Each nominee shall then be elected by concurrent resolution in the
Senate and the Assembly or meet in joint session and elect such regent
by joint ballot.

Section 3 establishes the effective date as the ninetieth day after it
shall have become a law.

EXISTING LAW: The regents are elected by the legislature by concurrent
resolution or in a joint session of the two houses by a joint ballot.

JUSTIFICATION: The Board of Regents determines education policy for the
state of New York, establishes rules for carrying out state law, and has
broad authority over all of the state's educational institutions. Given
the importance of the duties and responsibilities of this body, it is
critically important that the members of the Board of Regents are well
qualified, personally interviewed and meet the character, temperament,
professional aptitude and possess the experience necessary for the
important role the regents are charged with.

By creating a commission to review the candidates and presenting a list
of qualified individuals to the Governor for consideration, a formal
selection process will be established, replacing past practice that
varied from year to year, absent a clear directive for procedure in the
statute.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after it shall have become a law.

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

                                  6790

                            I N  S E N A T E

                             March 11, 2014
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education  law,  in  relation  to  the  election  of
  regents and the creation of the commission on regents

  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
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, TWO THOUSAND
FIFTEEN. COMMENCING ON APRIL FIRST, TWO THOUSAND  FIFTEEN,  EACH  REGENT
SHALL  BE  ELECTED FOR A TERM OF FIVE YEARS, EACH SUCH TERM TO EXPIRE ON
THE FIRST DAY OF APRIL.  [Each regent shall be elected by  the  legisla-
ture  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 session at noon  on  the  second
Tuesday of such month and proceed to elect such regent by joint ballot.]
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14399-01-4

S. 6790                             2

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.  The  education  law is amended by adding a new section 202-a to
read as follows:
  S 202-A. COMMISSION ON REGENTS.   1. ORGANIZATION OF  THE  COMMISSION.
(A)  A  COMMISSION  ON  REGENTS  NOMINATION  IS  HEREBY ESTABLISHED. THE
COMMISSION SHALL CONSIST OF TEN MEMBERS OF WHOM FOUR SHALL BE  APPOINTED
BY  THE GOVERNOR, TWO EACH BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, AND ONE EACH BY  THE  MINORITY  LEADER  OF  THE
SENATE,  AND  THE  MINORITY LEADER OF THE ASSEMBLY.  OF THE FOUR MEMBERS
APPOINTED BY THE GOVERNOR, NO MORE THAN TWO SHALL  BE  ENROLLED  IN  THE
SAME  POLITICAL  PARTY, TWO SHALL HAVE NO LESS THAN TEN YEARS EXPERIENCE
IN THE FIELD OF EDUCATION, NO MEMBER OF THE  COMMISSION  SHALL  HOLD  OR
HAVE  HELD  ANY  JUDICIAL  OFFICE  OR HOLD ANY ELECTED PUBLIC OFFICE FOR
WHICH HE RECEIVES COMPENSATION DURING HIS PERIOD OF SERVICE,  NO  MEMBER
OF  THE  COMMISSION  SHALL  HOLD  ANY OFFICE IN ANY POLITICAL PARTY. THE
MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
  (B) THE MEMBERS FIRST SHALL SERVE FOR A TWO YEAR TERM.
  (C) A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON  THE  APPOINT-
MENT  OR  ELECTION  OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM
FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A  VACANCY  OCCUR-
RING  FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY
THE APPOINTING OFFICER FOR THE REMAINDER OF THE UNEXPIRED TERM.
  (D) THE MEMBERS SHALL DESIGNATE ONE OF THEIR NUMBER TO SERVE AS CHAIR-
MAN FOR A PERIOD OF TWO YEARS OR  UNTIL  HIS  TERM  OF  OFFICE  EXPIRES,
WHICHEVER PERIOD IS SHORTER.
  (E)  EACH  MEMBER  OF  THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS DUTIES.
  (F) EIGHT MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
  2. FUNCTIONS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIDER  AND
EVALUATE  THE  QUALIFICATIONS OF CANDIDATES FOR APPOINTMENT TO THE BOARD
OF REGENTS AND, AS A VACANCY OCCURS IN ANY SUCH OFFICE, SHALL  RECOMMEND
TO  THE  GOVERNOR  PERSONS  WHO BY THEIR CHARACTER, TEMPERAMENT, PROFES-
SIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO HOLD SUCH OFFICE.
  (B) FOR EACH VACANCY IN THE  OFFICE  OF  THE  BOARD  OF  REGENTS,  THE
COMMISSION  SHALL  RECOMMEND  TO THE GOVERNOR AT LEAST THREE PERSONS AND
NOT MORE THAN SEVEN PERSONS. SHOULD MORE THAN ONE VACANCY EXIST  AT  THE
SAME  TIME IN THE BOARD OF REGENTS, THE NUMBER OF PERSONS RECOMMENDED BY
THE COMMISSION TO THE GOVERNOR SHALL BE AT LEAST THREE BUT NO MORE  THAN
SEVEN  PLUS  ONE  ADDITIONAL  PERSON FOR EACH ADDITIONAL VACANCY IN SUCH
OFFICE.

S. 6790                             3

  (C) A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE  OF
EIGHT  MEMBERS  OF  THE  COMMISSION. THE RECOMMENDATIONS TO THE GOVERNOR
SHALL BE TRANSMITTED TO THE GOVERNOR IN A SINGLE  WRITTEN  REPORT  WHICH
SHALL  BE  RELEASED  TO  THE  PUBLIC BY THE COMMISSION AT THE TIME IT IS
SUBMITTED  TO  THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY
BY THE CHAIRMAN, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO
THE CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALI-
FICATIONS AND FITNESS FOR OFFICE OF EACH CANDIDATE WHO IS RECOMMENDED TO
THE GOVERNOR.
  (D)  NO  PERSON  SHALL  BE  RECOMMENDED  TO  THE  GOVERNOR WHO HAS NOT
CONSENTED TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED  BY
A  QUORUM  OF  THE MEMBERSHIP OF THE COMMISSION, AND WHO HAS NOT FILED A
FINANCIAL STATEMENT WITH THE COMMISSION, ON A FORM TO BE  PRESCRIBED  BY
THE  COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A SWORN STATE-
MENT OF THE PERSON'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND  ANY
OTHER  RELEVANT  FINANCIAL INFORMATION WHICH THE COMMISSION MAY REQUIRE.
THE COMMISSION SHALL TRANSMIT TO THE GOVERNOR  THE  FINANCIAL  STATEMENT
FILED  BY EACH PERSON WHO IS RECOMMENDED. THE GOVERNOR SHALL MAKE AVAIL-
ABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY THE  PERSON  WHO  IS
APPOINTED TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY ALL OTHER
PERSONS  RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM, SHALL BE
CONFIDENTIAL.
  3. ADDITIONAL FUNCTIONS OF THE COMMISSION. THE COMMISSION  SHALL  HAVE
THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
  (A) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
FIED  FOR APPOINTMENT TO THE BOARD OF REGENTS, OTHER THAN THOSE WHO HAVE
REQUESTED CONSIDERATION OR WHO HAVE BEEN RECOMMENDED  FOR  CONSIDERATION
BY OTHERS, ARE ENCOURAGED TO AGREE TO BE CONSIDERED BY THE COMMISSION.
  (B)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
  (C) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
PERSON WHOM IT HAS RECOMMENDED TO THE GOVERNOR, AND COMMUNICATE WITH THE
SENATE CONCERNING THE QUALIFICATIONS OF  THE  PERSON  APPOINTED  BY  THE
GOVERNOR.
  4.  PROCEDURES WHEN VACANCIES OCCUR. (A) WHENEVER A VACANCY WILL OCCUR
IN THE BOARD OF REGENTS BY EXPIRATION OF TERM THE COMMISSION SHALL  MAKE
ITS  RECOMMENDATIONS  TO  THE  GOVERNOR  NO LATER THAN THIRTY DAYS AFTER
RECEIPT OF SUCH NOTICE. THE GOVERNOR SHALL  MAKE  HIS  APPOINTMENT  FROM
AMONG  THOSE PERSONS RECOMMENDED TO HIM BY THE COMMISSION NO SOONER THAN
FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER  RECEIPT  OF  THE  COMMIS-
SION'S RECOMMENDATIONS.
  (B) WHENEVER A VACANCY OCCURS AND THE SENATE HAS FINALLY ADJOURNED AND
IS  NOT  IN  SESSION TO GIVE ITS ADVICE AND CONSENT TO AN APPOINTMENT TO
FILL SUCH VACANCY, THE GOVERNOR SHALL MAKE AN INTERIM  APPOINTMENT  FROM
AMONG  THOSE  PERSONS  RECOMMENDED  TO HIM BY THE COMMISSION. AN INTERIM
APPOINTMENT SHALL CONTINUE UNTIL THE SENATE SHALL PASS UPON  THE  GOVER-
NOR'S SELECTION. IF THE SENATE CONFIRMS AN APPOINTMENT, THE REGENT SHALL
SERVE  A TERM PROVIDED IN SECTION TWO HUNDRED TWO OF THIS PART, COMMENC-
ING FROM THE DATE OF HIS INTERIM APPOINTMENT. IF THE SENATE  REJECTS  AN
APPOINTMENT,  A  VACANCY IN THE OFFICE SHALL OCCUR SIXTY DAYS AFTER SUCH
REJECTION.
  (C) (I) IF THE SENATE IS IN SESSION AT THE TIME THE GOVERNOR MAKES  AN
APPOINTMENT  PURSUANT  TO  SUBDIVISION  ONE OR TWO OF THIS SECTION, EACH
NOMINEE 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

S. 6790                             4

THE FIRST TUESDAY OF SUCH MONTH, THEN THE TWO HOUSES SHALL MEET IN JOINT
SESSION AT NOON ON THE SECOND TUESDAY OF SUCH MONTH AND PROCEED TO ELECT
SUCH REGENT BY JOINT BALLOT.
  (II) WHENEVER THE GOVERNOR HAS MADE AN INTERIM APPOINTMENT PURSUANT TO
THIS  SUBDIVISION, HE SHALL COMMUNICATE ON THE FIRST DAY THAT THE SENATE
IS IN SESSION FOLLOWING THE MAKING OF THE INTERIM APPOINTMENT, A WRITTEN
NOMINATION TO THE SENATE IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION
SEVEN  OF  THE  PUBLIC  OFFICERS LAW. THE SENATE SHALL CONFIRM OR REJECT
SUCH APPOINTMENT NO LATER THAN THIRTY DAYS AFTER RECEIPT  OF  THE  NOMI-
NATION FROM THE GOVERNOR.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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