NY State Senate Bill S3384A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	print number 3384a
Jan 30, 2012	amend and recommit to higher education
Jan 04, 2012	referred to higher education
Feb 17, 2011	referred to higher education

Bill Amendments

Original

A (Active)

Original

A (Active)

S3384 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §202, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2160
2013-2014: S2030
2015-2016: S216
2017-2018: S2547
2019-2020: S3304

S3384 - Summary

Provides that regents of the University of the state of New York in office March 31, 2012 shall hold office until June 30th of the year in which such term expires; also provides that commencing July 1, 2012 each regent shall be elected to a term of five years with each such term to expire on the last day of June and the election by the legislature to be held on or before the first Tuesday of May; also provides that if the legislature fails to agree on the election by the first Tuesday in May, then the legislature shall meet in joint session at noon on the third Tuesday in May to elect such regent by ballot; further provides that such election shall be held on the second Tuesday in May if the temporary president of the senate and the speaker of the assembly certify no later than March first that such election would conflict with religious observances.

S3384 - Sponsor Memo

BILL NUMBER:S3384

TITLE OF BILL:
An act
to amend the education law, in relation to the terms of office of the
regents of the University of the State of
New York

PURPOSE:
This bill changes the timetable for election of members of the Board
of Regents, moving the process out of the period of time when the
Senate and Assembly are negotiating a new State budget. The amendment
clarifies provision of the Legislative process for regents appointment.

SUMMARY OF PROVISIONS:
The bill provides for Election of Regents on the third Tuesday in May
rather than on the first Tuesday in March as provided in current law.
Accordingly, terms of Regents would expire on June 30 rather than
April 1 as provided under current law. Further, the terms that a
Regent can serve would be reduced from seven to five years. The
amendment is required to ensure that the existing cycle of Regents
terms continues uninterrupted while the change of election date is
implemented. The amendment makes a technical correction to accurately
reflect that this bill refer to the University of the State of New
York.

JUSTIFICATION:
The Board of Regents has been the body that establishes education
policy in New York State since 1784.
The 16 members of the Board of Regents are elected by the Legislature.
The bill calls for the election to take place on the third Tuesday in
May rather than the first Tuesday in March, enabling the Legislature
to consider the selection of members without time pressures that
might conflict with other deadlines, such as consideration of the
state budget. It provides for an alternative date if it is determined
that the third Tuesday in May would conflict with religious
observances. Given the critical nature and responsibility of the
Board of Regent~ for the educational franchise of this state and the
rapidly changing needs of our education system, it is essential that
members of the Board of Regents be evaluated with more frequency to
ensure that the people of our State are receiving their very best
efforts.

LEGISLATIVE HISTORY:
2009-2010, S.2160; S.6487-B of 2000; S.2350 of 2001-2002; S.288-B of
2003-2004; 2005-2006, S.1083; 2007-2008, S.2603.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S3384 - Bill Text download pdf

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

                                  3384

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

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

AN ACT to amend the education law, in relation to the terms of office of
  the regents of the University of the State of New York

  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, subdivision
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, nine-
teen 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.  REGENTS
IN  OFFICE  MARCH  THIRTY-FIRST,  TWO  THOUSAND ELEVEN SHALL HOLD OFFICE
UNTIL JUNE THIRTIETH OF THE YEAR  IN  WHICH  SUCH  REGENTS'  TERM  SHALL
EXPIRE. COMMENCING JULY FIRST, TWO THOUSAND ELEVEN, EACH REGENT SHALL BE
ELECTED  TO  A  TERM OF FIVE YEARS, EACH SUCH TERM TO EXPIRE ON THE LAST
DAY OF JUNE. Each regent shall be elected by the legislature by  concur-
rent  resolution  in  the  preceding [March] MAY, 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] MAY,
then the two houses shall meet in joint session at noon on the  [second]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06727-01-1

S. 3384                             2

THIRD  Tuesday  of  [such month] MAY and proceed to elect such regent by
joint ballot, PROVIDED, HOWEVER, THAT SUCH ELECTION SHALL BE HELD ON THE
SECOND TUESDAY IN MAY IF THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
SPEAKER  OF  THE  ASSEMBLY  CERTIFY  NO LATER THAN MARCH FIRST THAT SUCH
ELECTION WOULD CONFLICT WITH RELIGIOUS OBSERVANCES.
  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 expi-
ration  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] THIRD Tuesday in [March] MAY 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  legislature  fails  to  agree  on such concurrent resolution within
three legislative 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, howev-
er, that if the vacancy [occur] OCCURS  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.

S3384A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §202, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2160
2013-2014: S2030
2015-2016: S216
2017-2018: S2547
2019-2020: S3304

S3384A (ACTIVE) - Summary

S3384A (ACTIVE) - Sponsor Memo

BILL NUMBER:S3384A

TITLE OF BILL:
An act to amend the education law, in relation to the terms of office of
the regents of the University of the State of New York

PURPOSE:
This  bill changes the timetable for election of members of the Board of
Regents, moving the process out of the period of time  when  the  Senate
and Assembly are negotiating a new State budget. The amendment clarifies
provision of the Legislative process for regents appointment.

SUMMARY OF PROVISIONS:
The  bill  provides  for Election of Regents on the third Tuesday in May
rather than on the first Tuesday in March as provided  in  current  law.
Accordingly,  terms of Regents would expire on June 30 rather than April
1 as provided under current law. Further, the terms that  a  Regent  can
serve  would  be  reduced  from  seven  to  five years. The amendment is
required to ensure that the existing cycle of  Regents  terms  continues
uninterrupted  while  the  change  of  election date is implemented. The
amendment makes a technical correction to accurately reflect  that  this
bill refer to the University of the State of New York.

JUSTIFICATION:
The Board of Regents has been the body that establishes education policy
in  New  York  State since 1784.  The 16 members of the Board of Regents

are elected by the Legislature.  The bill cans for the election to  take
place  on  the  third  Tuesday  in  May rather than the first Tuesday in
March, enabling the Legislature to consider  the  selection  of  members
without time pressures that might conflict with other deadlines, such as
consideration  of  the state budget. It provides for an alternative date
if it is determined that the third Tuesday in May  would  conflict  with
religious  observances.  Given the critical nature and responsibility of
the Board of Regents for the educational franchise of this state and the
rapidly changing needs of our education system,  it  is  essential  that
members  of  the  Board  of  Regents be evaluated with more frequency to
ensure that the people of  our  State  are  receiving  their  very  best
efforts.

LEGISLATIVE HISTORY:
2009-2010  S.2160;  S.6487-B  of  2000;  S.2350 of 2001-2002; S.288-B of
2003-2004; 2005-2006, S.1083; 2007-2008, S.2603.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S3384A (ACTIVE) - Bill Text download pdf

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

                                 3384--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

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 the terms of office of
  the regents of the University of the State of New York

  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, subdivision
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, nine-
teen 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.  REGENTS
IN  OFFICE  MARCH  THIRTY-FIRST,  TWO  THOUSAND TWELVE SHALL HOLD OFFICE
UNTIL JUNE THIRTIETH OF THE YEAR  IN  WHICH  SUCH  REGENTS'  TERM  SHALL
EXPIRE. COMMENCING JULY FIRST, TWO THOUSAND TWELVE, EACH REGENT SHALL BE
ELECTED  TO  A  TERM OF FIVE YEARS, EACH SUCH TERM TO EXPIRE ON THE LAST
DAY OF JUNE. Each regent shall be elected by the legislature by  concur-
rent  resolution  in  the  preceding [March] MAY, on or before the first

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06727-02-2

S. 3384--A                          2

Tuesday of such month.  If, however, the legislature fails to  agree  on
such  concurrent  resolution  by  the first Tuesday of [such month] MAY,
then the two houses shall meet in joint session at noon on the  [second]
THIRD  Tuesday  of  [such month] MAY and proceed to elect such regent by
joint ballot, PROVIDED, HOWEVER, THAT SUCH ELECTION SHALL BE HELD ON THE
SECOND TUESDAY IN MAY IF THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
SPEAKER  OF  THE  ASSEMBLY  CERTIFY  NO LATER THAN MARCH FIRST THAT SUCH
ELECTION WOULD CONFLICT WITH RELIGIOUS OBSERVANCES.
  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 expi-
ration  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] THIRD Tuesday in [March] MAY 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  legislature  fails  to  agree  on such concurrent resolution within
three legislative 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, howev-
er, that if the vacancy [occur] OCCURS  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.

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The New York State Senate

senate Bill S3384A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Your Voice

Actions

Bill Amendments

S3384 - Details

S3384 - Summary

S3384 - Sponsor Memo

S3384 - Bill Text download pdf

S3384A (ACTIVE) - Details

S3384A (ACTIVE) - Summary

S3384A (ACTIVE) - Sponsor Memo

S3384A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3384A

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Your Voice

Actions

Bill Amendments

S3384 - Details

S3384 - Summary

S3384 - Sponsor Memo

S3384 - Bill Text download pdf

S3384A (ACTIVE) - Details

S3384A (ACTIVE) - Summary

S3384A (ACTIVE) - Sponsor Memo

S3384A (ACTIVE) - Bill Text download pdf

Comments