senate Bill S6671A

2013-2014 Legislative Session

Relates to meetings and absences of the board of regents

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to education
delivered to assembly
passed senate
Jun 02, 2014 amended on third reading 6671a
restored to third reading
substitution reconsidered
May 20, 2014 substituted by a121
Mar 11, 2014 ordered to third reading cal.279
committee discharged and committed to rules
Feb 26, 2014 referred to higher education

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6671 - Bill Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §204, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7224

S6671 - Bill Texts

view summary

Relates to meetings and absences of the board of regents.

view sponsor memo
BILL NUMBER:S6671

TITLE OF BILL: An act to amend the education law, in relation to
meetings and absences of the board of regents

PURPOSE: This bill would require the Board of Regents to give notice
of their agenda several days before a scheduled meeting.

SUMMARY OF PROVISIONS:

Section 1: Section 1 amends section 204 of the Education Law to
require the Board of Regents to put their official agenda on the
Board's official website 10 days in advance. Such notice of time,
place, and agenda shall be distributed via the board's official
Internet website and specifically distributed by United States postal
to all regents at their usual addresses. An agenda for a regular
scheduled meeting of the board shall include a list of all items to be
considered, a description of the subject matter of each item and the
full text of all items subject to a vote and the same of a person
knowledgeable about the agenda and contact information for such
person. An agenda shall be put on the Board's official website for a
special meeting with at least 3 days advanced notice.

A summary of all resolutions, decisions, and other actions taken by
the board of regents any committee meeting, task force, council, or
other body for any meeting shall be electronically available on the
board's official website no later than five days following a meeting.
The approved minutes, attendance, voting record and either transcripts
or video record must also be posted on the board's official website no
later than five days following a meeting.

Section 2: Section makes the bill effective the first of July next
succeeding the date on which it shall become law.

JUSTIFICATION: The NYS Board of Regents should hold itself to the
highest level of transparency. Allowing the agenda to be given ahead
of time would allow the stakeholders on several educational issues the
appropriate time to respond and discuss the issues. This would
encourage more involvement from the public and would foster an
improved dialogue between both the Board of Regents and other
stakeholders in education.

LEGISLATIVE HISTORY: 2013: Senate: bill not introduced / Assembly:
Passed Assembly 2012: Senate: Higher Education / Assembly: Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of July

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

                                  6671

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- 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 meetings and  absences
  of the board of regents

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

  Section 1. Section 204 of the education law  is  amended  to  read  as
follows:
  S 204. Meetings and absences. 1. (A) The regents may provide for regu-
lar  meetings[, and the chancellor, or the commissioner of education, or
any five regents, may at any time call a special meeting of the board of
regents and fix the time and place therefor;  and  at  least  ten  days'
notice  of  every  meeting  shall be mailed to the usual address of each
regent.  If any regent shall fail to attend three consecutive  meetings,
without excuse accepted as satisfactory by the regents, he may be deemed
to  have  resigned  and the regents shall then report the vacancy to the
legislature, which shall fill it]  OF  THE  BOARD  OF  REGENTS  AND  ANY
COMMITTEE,  TASK  FORCE,  COUNCIL OR OTHER BODY THEREOF. NOTICE OF TIME,
PLACE AND AGENDA FOR ALL REGULAR PUBLIC MEETINGS OF THE BOARD OF REGENTS
AND ANY COMMITTEE, TASK FORCE, COUNCIL OR OTHER SUCH BODY OF  THE  BOARD
SHALL BE PUBLICLY PROVIDED AT LEAST TEN DAYS IN ADVANCE OF SUCH MEETING.
SUCH  NOTICE  OF  TIME,  PLACE  AND  AGENDA SHALL BE DISTRIBUTED VIA THE
BOARD'S OFFICIAL INTERNET WEBSITE AND SPECIFICALLY DISTRIBUTED BY UNITED
STATES POSTAL SERVICE TO ALL REGENTS AT THEIR USUAL ADDRESSES AND, IF  A
MEETING  OF  A  COMMITTEE, TASK FORCE, COUNCIL OR OTHER SUCH BODY OF THE
BOARD, BY SUCH MEANS, INCLUDING BUT NOT LIMITED  TO  THE  UNITED  STATES
POSTAL SERVICE OR ELECTRONIC MEANS, AS DETERMINED BY THE COMMITTEE, TASK
FORCE,  COUNCIL OR OTHER SUCH BODY. AN AGENDA FOR A REGULAR PUBLIC MEET-
ING OF THE BOARD OR ANY COMMITTEE, TASK FORCE,  COUNCIL  OR  OTHER  BODY
THEREOF,  SHALL  BE COMPRISED OF A LIST OF ALL ITEMS TO BE CONSIDERED, A
DESCRIPTION OF THE SUBJECT MATTER OF EACH SUCH ITEM AND THE FULL TEXT OF
ALL ITEMS SUBJECT TO A VOTE AND THE NAME OF A PERSON KNOWLEDGEABLE ABOUT
THE AGENDA AND CONTACT INFORMATION FOR  SUCH  PERSON,  INCLUDING  OFFICE
ADDRESS,  E-MAIL  ADDRESS,  AND  TELEPHONE NUMBER, FROM WHOM INFORMATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00127-01-3

S. 6671                             2

ABOUT THE AGENDA MAY BE OBTAINED AND TO WHOM  WRITTEN  COMMENTS  MAY  BE
SUBMITTED. THE NOTICE AND AGENDA SHALL BE CONSIDERED A PUBLIC RECORD.
  (B)  THE  CHANCELLOR  OR THE COMMISSIONER, OR ANY FIVE REGENTS, MAY AT
ANY TIME CALL A SPECIAL MEETING OF THE BOARD OF REGENTS AND FIX THE TIME
AND PLACE THEREFOR. NOTICE OF TIME, PLACE AND  AGENDA  FOR  ALL  REGULAR
PUBLIC  MEETINGS  OF THE BOARD OF REGENTS AND ANY COMMITTEE, TASK FORCE,
COUNCIL OR OTHER SUCH BODY OF THE BOARD SHALL BE  PUBLICLY  PROVIDED  AT
LEAST  THREE DAYS IN ADVANCE OF SUCH MEETING. SUCH NOTICE OF TIME, PLACE
AND AGENDA SHALL  BE  DISTRIBUTED  VIA  THE  BOARD'S  OFFICIAL  INTERNET
WEBSITE  AND  SPECIFICALLY  CIRCULATED  ACCORDING TO THE RULES AND REGU-
LATIONS OF THE REGENTS TO ALL REGENTS.  THE  BOARD  OF  REGENTS  SPECIAL
PUBLIC  MEETING  AGENDA  SHALL BE COMPRISED OF A LIST OF ALL ITEMS TO BE
CONSIDERED, A DESCRIPTION OF THE SUBJECT MATTER OF EACH  SUCH  ITEM  AND
THE  FULL  TEXT  OF ALL ITEMS SUBJECT TO A VOTE AND THE NAME OF A PERSON
KNOWLEDGEABLE ABOUT THE AGENDA AND CONTACT INFORMATION FOR SUCH  PERSON,
INCLUDING  OFFICE  ADDRESS,  E-MAIL  ADDRESS, AND TELEPHONE NUMBER, FROM
WHOM INFORMATION ABOUT THE AGENDA MAY BE OBTAINED AND  TO  WHOM  WRITTEN
COMMENTS  MAY  BE SUBMITTED. THE NOTICE AND AGENDA SHALL BE CONSIDERED A
PUBLIC RECORD.
  2. ANY MEETING OF THE BOARD OF REGENTS AND ANY COMMITTEE, TASK  FORCE,
COUNCIL OR OTHER SUCH BODY SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW.
  3.  A SUMMARY OF RESOLUTIONS, DECISIONS AND OTHER ACTIONS BY THE BOARD
OF REGENTS AND ANY COMMITTEE, TASK FORCE, COUNCIL OR OTHER BODY  THEREOF
FOR  ANY  MEETING  SHALL  BE  ELECTRONICALLY  AVAILABLE  ON THE BOARD OF
REGENTS WEBSITE NO LATER THAN FIVE DAYS FOLLOWING SUCH MEETING AND SHALL
BE CONSIDERED A PUBLIC RECORD. THE APPROVED MINUTES, ATTENDANCE,  VOTING
RECORD  AND  EITHER  TRANSCRIPTS OR VIDEO RECORD FOR ANY MEETING MUST BE
POSTED NO LATER THAN FIVE DAYS FOLLOWING  THE  APPROVAL  BY  THE  BOARD,
COMMITTEE, TASK FORCE, COUNCIL OR OTHER SUCH BODY. INFORMATION POSTED ON
THE  BOARD  OF REGENTS WEBSITE SHALL REMAIN ON THE SITE AS ARCHIVED DATA
FOR A MINIMUM OF TEN YEARS.
  4. IF ANY REGENT SHALL FAIL  TO  ATTEND  THREE  CONSECUTIVE  MEETINGS,
WITHOUT  EXCUSE ACCEPTED AS SATISFACTORY BY THE REGENTS, THAT REGENT MAY
BE DEEMED TO HAVE RESIGNED AND THE REGENTS SHALL THEN REPORT THE VACANCY
TO THE LEGISLATURE WHICH SHALL FILL IT.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

Co-Sponsors

S6671A (ACTIVE) - Bill Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §204, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7224

S6671A (ACTIVE) - Bill Texts

view summary

Relates to meetings and absences of the board of regents.

view sponsor memo
BILL NUMBER:S6671A

TITLE OF BILL: An act to amend the education law, in relation to
meetings and absences of the board of regents

PURPOSE:

This bill would require the Board of Regents to give notice of their
agenda several days before a scheduled meeting.

SUMMARY OF PROVISIONS:

Section 1: Section 1 amends section 204 of the Education Law to
require the Board of Regents to put their official agenda on the
Board's official website 7 days in advance. Such notice of time,
place, and agenda shall be distributed via the board's official
Internet website and specifically distributed by United States postal
to all regents at their usual addresses. An agenda for a regular
scheduled meeting of the board shall include a list of all items to be
considered with a description of the subject matter of such items to
be considered at least three days in advance of such meeting;
provided, however, in an instance of a health or safety emergency,
additional items may be added to the agenda with less than three days
notice. The board shall use best efforts in an instance of a health or
public safety emergency to make public the agenda prior to the
meeting. An agenda for special meetings of the board of regents shall
be made public at least three days prior to such meeting; provided,
however, in an instance of a health or safety emergency, additional
items may be added to the agenda with less than three days notice.

A summary of committee reports, any other minutes, and attendance of
the board of regents for either regular or special meetings shall be
electronically available on the board of regents website at the close
of each board meeting. The video recording of any regular full board
meeting shall be posted no later than five days following the meeting
of the board. Any meeting summaries and actions taken shall be posted
on the board's website within five days of approval by the board and
shall remain on the regents' website for a minimum of ten years. If
any regents fails to attend three consecutive meetings without a
satisfactory excuse, that regent may be deemed to have resigned.

Section 2: Section 2 makes the bill effective the ninetieth day after
it shall become law.

JUSTIFICATION:

The NYS Board of Regents should hold itself to the highest level of
transparency. Allowing the agenda to be given ahead of time would
allow the stakeholders on several educational issues the appropriate
time to respond and discuss the issues. This would encourage more
involvement from the public and would foster an improved dialogue
between both the Board of Regents and other stakeholders in education.

LEGISLATIVE HISTORY:

2013: Senate: bill not introduced / Assembly: Passed Assembly
2012: Senate: Higher Education / Assembly: Education


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6671--A
    Cal. No. 279

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by Sens. FLANAGAN, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  --  committee  discharged  and said bill committed to the Committee on
  Rules -- ordered to a third reading, substituted by Assembly Bill  No.
  121, substitution reconsidered, restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the education law, in relation to meetings and absences
  of the board of regents

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

  Section  1.  Section  204  of  the education law is amended to read as
follows:
  S 204. Meetings and absences. 1. (A) The regents may provide for regu-
lar meetings[, and the chancellor, or the commissioner of education,  or
any five regents, may at any time call a special meeting of the board of
regents  and  fix  the  time  and place therefor; and at least ten days'
notice of every meeting shall be mailed to the  usual  address  of  each
regent.   If any regent shall fail to attend three consecutive meetings,
without excuse accepted as satisfactory by the regents, he may be deemed
to have resigned and the regents shall then report the  vacancy  to  the
legislature,  which  shall  fill  it]  OF  THE  BOARD OF REGENTS AND ANY
COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER SUBGROUPS THEREOF.  NOTICE
OF TIME AND PLACE FOR ALL  REGULAR  PUBLIC  MEETINGS  OF  THE  BOARD  OF
REGENTS  AND ANY COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER SUBGROUPS
THEREOF SHALL BE PUBLICLY PROVIDED AT LEAST SEVEN  DAYS  IN  ADVANCE  OF
SUCH MEETING. SUCH NOTICE OF TIME, PLACE AND AGENDA SHALL BE DISTRIBUTED
VIA  THE  BOARD'S OFFICIAL INTERNET WEBSITE AND SPECIFICALLY DISTRIBUTED
BY UNITED STATES POSTAL SERVICE TO ALL REGENTS AT THEIR USUAL  ADDRESSES
AND,  IF  A  MEETING  OF A COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER
SUBGROUPS THEREOF, BY SUCH MEANS,  INCLUDING  BUT  NOT  LIMITED  TO  THE
UNITED  STATES  POSTAL SERVICE OR ELECTRONIC MEANS, AS DETERMINED BY THE
COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER  SUBGROUPS  THEREOF.    AN
AGENDA FOR A REGULAR PUBLIC MEETING OF THE BOARD SHALL BE COMPRISED OF A
LIST  OF  ALL  ITEMS  TO BE CONSIDERED WITH A DESCRIPTION OF THE SUBJECT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00127-05-4

S. 6671--A                          2

MATTER OF EACH SUCH ITEM AND SHALL BE POSTED  AT  LEAST  THREE  DAYS  IN
ADVANCE  OF  THE  MEETING;  PROVIDED  HOWEVER,  THAT IN AN INSTANCE OF A
HEALTH OR PUBLIC SAFETY EMERGENCY,  THE  BOARD  MAY  INCLUDE  ADDITIONAL
ITEMS  TO THE AGENDA WITH LESS THAN THREE DAYS NOTICE. IN AN INSTANCE OF
A HEALTH OR PUBLIC SAFETY EMERGENCY, THE BOARD SHALL USE BEST EFFORTS TO
MAKE PUBLIC ANY CHANGES TO THE AGENDA PRIOR TO THE REGULAR MEETING.  THE
NOTICE AND AGENDA SHALL BE CONSIDERED A PUBLIC RECORD.
  (B) THE CHANCELLOR OR THE COMMISSIONER, OR ANY FIVE  REGENTS,  MAY  AT
ANY TIME CALL A SPECIAL MEETING OF THE BOARD OF REGENTS AND FIX THE TIME
AND  PLACE  THEREFOR.  NOTICE  OF TIME, PLACE AND AGENDA FOR ALL SPECIAL
PUBLIC MEETINGS OF THE BOARD OF REGENTS SHALL BE  PUBLICLY  PROVIDED  AT
LEAST  THREE DAYS IN ADVANCE OF SUCH MEETING. SUCH NOTICE OF TIME, PLACE
AND AGENDA SHALL  BE  DISTRIBUTED  VIA  THE  BOARD'S  OFFICIAL  INTERNET
WEBSITE  AND  SPECIFICALLY  CIRCULATED  ACCORDING TO THE RULES AND REGU-
LATIONS OF THE REGENTS TO ALL REGENTS.  THE  BOARD  OF  REGENTS  SPECIAL
PUBLIC  MEETING  AGENDA  SHALL BE COMPRISED OF A LIST OF ALL ITEMS TO BE
CONSIDERED WITH A DESCRIPTION OF THE SUBJECT MATTER OF EACH  SUCH  ITEM;
PROVIDED HOWEVER, THAT IN AN INSTANCE OF A HEALTH OR PUBLIC SAFETY EMER-
GENCY,  THE  BOARD  MAY INCLUDE ADDITIONAL ITEMS TO THE AGENDA WITH LESS
THAN THREE DAYS NOTICE. IN AN INSTANCE OF  A  HEALTH  OR  PUBLIC  SAFETY
EMERGENCY,  THE  BOARD SHALL USE BEST EFFORTS TO MAKE PUBLIC ANY CHANGES
TO THE AGENDA PRIOR TO THE SPECIAL MEETING.  THE NOTICE AND AGENDA SHALL
BE CONSIDERED A PUBLIC RECORD.
  2. ANY MEETING OF THE BOARD OF REGENTS AND ANY  COMMITTEE,  SUBCOMMIT-
TEE,  TASK  FORCE,  OR  OTHER  SUBGROUPS  THEREOF  SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  3. A SUMMARY OF COMMITTEE REPORTS, ANY OTHER MINUTES,  AND  ATTENDANCE
OF  THE BOARD OF REGENTS FOR EITHER REGULAR OR SPECIAL MEETINGS SHALL BE
ELECTRONICALLY AVAILABLE ON THE BOARD OF REGENTS WEBSITE AT THE CLOSE OF
EACH BOARD MEETING AND SHALL BE CONSIDERED A PUBLIC  RECORD.  THE  VIDEO
RECORDING  OF  ANY  REGULAR  FULL BOARD MEETING SHALL BE POSTED NO LATER
THAN FIVE DAYS FOLLOWING THE MEETING OF THE BOARD. ANY MEETING SUMMARIES
AND ACTIONS TAKEN SHALL BE POSTED ON THE BOARD OF REGENTS WEBSITE WITHIN
FIVE DAYS OF APPROVAL BY THE  BOARD. INFORMATION POSTED ON THE BOARD  OF
REGENTS  WEBSITE SHALL REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM
OF TEN YEARS.
  4. IF ANY REGENT SHALL FAIL  TO  ATTEND  THREE  CONSECUTIVE  MEETINGS,
WITHOUT  EXCUSE ACCEPTED AS SATISFACTORY BY THE REGENTS, THAT REGENT MAY
BE DEEMED TO HAVE RESIGNED AND THE REGENTS SHALL THEN REPORT THE VACANCY
TO THE LEGISLATURE WHICH SHALL FILL IT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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