NY State Senate Bill 2017-S7618

Senate Bill S7618

2017-2018 Legislative Session

Abolishes the board of regents and transfers the powers and duties to the commissioner of education; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2018	referred to education

2017-S7618 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld §§202 - 207, 301 & 303, amd Ed L, generally; add §42-a, Gen Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6686
2015-2016: S1691, S6576

2017-S7618 (ACTIVE) - Summary

Abolishes the board of regents and transfers the powers and duties to the commissioner of education; provides that the commissioner shall be appointed by the governor with the advice and consent of the senate.

2017-S7618 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7618

SPONSOR: DEFRANCISCO
 
TITLE OF BILL:  An act to amend the education law and the general
construction law, in relation to abolishing the board of regents and
transferring the power and duties thereof to the commissioner of educa-
tion and providing for the appointment of such commissioner by the
governor; and to repeal certain provisions of the education law relating
to the board of regents

 
SUMMARY OF PROVISIONS:

Section 1 -- Repeals the term "regents" and replaces it with the term
"commissioner".

Section 2 -- Eliminates references to the "Regents of the University of
the State of New York" and replaces it with the term "commissioner".

Section 3 -- Abolishes the Regents of the University of the State of New
York. All functions and powers possessed by and all of the obligations
and duties of such regents are transferred and assigned by and devolve
upon the commissioner of education.

Section 4 -- The commissioner of education shall be appointed by the
Governor with the advice and consent of the Senate.

Section 5 - Amends Section 103 of the education law - Divisions of the
department.

Section 6 - Amends Section 104 of the education law - Other officers and
employees.

Section 7 - Amends Section 105 of the education law - Removals and
suspensions.

Section 8 - Amends Section 106 of the education law - Joint seal.

Section 9 - Amends Section 108 of the education law - State education
building.

Section 10 - Amends Section 201 of the education law - Corporate name
and objects.

Section 11 - Repeals Section 202, 203, 204, 205, 206 and 207 of the
education law.

Section 12 - Repeals Section 301 of the education law.

Section 13 - Amends Section 302 of the education law - How chosen.

Section 14 - Repeals Section 303 of the education.

Section 15 - The general construction law is amended by adding a new
section 42-a.

Section 16 - Board of regents abolished.

Section 17 - Transfer of functions.

Section 18 - Continuity of authority.

Section 19 - Continuance of acts and decisions.

Section 20 - Continuance of rules and regulations.

Section 21 - Completion of unfinished business.

Section 22 - Terms occurring in laws, contracts and other documents.

Section 23 - Pending actions and proceedings.

Section 24 - Codification of changes.

Section 25 - Effective date

 
JUSTIFICATION:

The education department of New York State has powers and duties that
effect major policies within the educational system of New York State.
The Board of Regents is presently the governing body which administers
the education department.  For a number of years the policies of the
Board of Regents have not been aligned with the values, goals, and
objectives of New York's students and their families. Therefore, to make
educational policy more accountable to the people, this legislation
abolishes the regents and assigns all powers and duties to an education
commissioner who is appointed by the Governor and confirmed by the
Senate.

 
LEGISLATIVE HISTORY:

S.5488, 1995;
S.6686, 2014;
S.1691, 2015
S.6576, 2016

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect on the same date as a concurrent resolution
amending the constitution, entitled "CONCURRENT RESOLUTION OF THE SENATE
AND ASSEMBLY proposing amendments to section 4 of article 5, section 4
of article 8 and section 2 of article II of the constitution, in
relation to abolishing The Regents of the University of the State of New
York".

2017-S7618 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7618
 
                             I N  S E N A T E
 
                             January 31, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the general construction  law,  in
   relation to abolishing the board of regents and transferring the power
   and  duties thereof to the commissioner of education and providing for
   the appointment of such commissioner by the governor;  and  to  repeal
   certain  provisions  of  the  education  law  relating to the board of
   regents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 2 of the education law is amended
 to read as follows:
   4. Regents. The term "regents" means [board of regents of The  Univer-
 sity of the State of New York] THE COMMISSIONER.
   § 2. Section 101 of the education law is amended to read as follows:
   § 101. Education  department;  regents of the university.  There shall
 continue to be in the state government an  education  department.    The
 department is charged with the general management and supervision of all
 public  schools  and all of the educational work of the state, including
 the operations of The University of the State of New York and the  exer-
 cise of all the functions of the education department, of The University
 of  the State of New York, [of the regents of the university] and of the
 commissioner of education and the performance of all  their  powers  and
 duties,  which  were  transferred to the education department by section
 three hundred twelve of the FORMER state departments law or  shall  have
 been  prescribed by law before March sixteenth, nineteen hundred twenty-
 seven, whether in terms vested in such department or  university  or  in
 any  sub-department, division or bureau thereof or in such commissioner,
 board or officer, and such functions, powers and duties  shall  continue
 to  be  vested in the education department continued by this chapter and
 shall continue to be exercised and performed therein by or  through  the
 appropriate officer, sub-department, division or bureau thereof, togeth-
 er  with such functions, powers and duties as hereafter may be conferred
 or imposed upon such department by law.   All  the  provisions  of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14539-01-8

 S. 7618                             2
 
 chapter,  in  so far as they are not inconsistent with the provisions of
 this chapter as hereby amended or may be made applicable, shall apply to
 the education department continued by this chapter as hereby amended and
 to The University of the State of New York, [the board of regents of the
 university,] the commissioner of education and to the divisions, bureaus
 and  officers  in  such  department.    The head of the department shall
 [continue to] be the [regents of The University  of  the  State  of  New
 York,  who  shall appoint, and at pleasure may remove, the] commissioner
 of education.  The commissioner shall continue to be the chief  adminis-
 trative  officer of the department.  The [regents also] COMMISSIONER may
 appoint and, at pleasure, remove a deputy commissioner of education, who
 shall perform such duties as the [regents] COMMISSIONER  may  assign  to
 him  OR HER by rule and who, in the absence or disability of the commis-
 sioner or when a vacancy exists in the  office  of  commissioner,  shall
 exercise  and  perform  the  functions,  powers  and duties conferred or
 imposed on the commissioner by  this  chapter.    [The  regents  of  The
 University of the State of New York shall continue to constitute a board
 and  The  University of the State of New York, which was continued under
 such name by section two of article eleven of  the  constitution,  shall
 continue  to be governed and all its corporate powers to be exercised by
 such board.]
   § 3. The education law is amended by adding a  new  section  101-c  to
 read as follows:
   §  101-C.  REGENTS; ABOLISHED. 1. THE REGENTS OF THE UNIVERSITY OF THE
 STATE OF NEW YORK IS HEREBY ABOLISHED, AND ALL THE FUNCTIONS AND  POWERS
 POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF SUCH REGENTS ARE
 TRANSFERRED AND ASSIGNED TO, ASSUMED BY AND DEVOLVED  UPON  THE  COMMIS-
 SIONER OF EDUCATION.
   2.  WHEN THE TERM "REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK"
 OR ANY EQUIVALENT EXPRESSION THEREOF IS USED IN  THIS  CHAPTER,  OR  ANY
 OTHER  LAW,  RULE  OR  REGULATION, SUCH TERM SHALL BE DEEMED TO MEAN AND
 REFER TO THE COMMISSIONER OF EDUCATION.
   § 4. Section 102 of the education law is amended to read as follows:
   § 102. Associate and assistant commissioners.   The  commissioner  [of
 education] shall appoint[, subject to the approval of the regents,] such
 associate  and assistant commissioners as he OR SHE shall deem necessary
 for the proper organization and general classification of  the  work  of
 the department, and assign to such associate and assistant commissioners
 the work which shall be under their respective supervision.
   § 5. Section 103 of the education law is amended to read as follows:
   § 103. Divisions  of  department.   By action of the [regents upon the
 recommendation of the] commissioner [of education] the department may be
 divided into divisions and bureaus.  By like action  new  divisions  and
 bureaus  may be created and divisions and bureaus may be consolidated or
 abolished, and the administrative work of the department assigned to the
 several divisions and bureaus.
   § 6. Section 104 of the education law is amended to read as follows:
   § 104. Other officers and employees.  The commissioner [of  education,
 subject to the approval of the regents,] shall have power[, in conformi-
 ty with their rules,] to appoint all other needed officers and employees
 and fix their titles, duties and salaries.
   § 7. Section 105 of the education law is amended to read as follows:
   § 105. Removals  and suspensions.   [With the approval of the regents,
 the] THE commissioner [of education] may, at his OR HER pleasure, remove
 from office any assistant commissioner, or other appointive  officer  or
 employee;  and[,  when  the regents are not in session, the commissioner

 S. 7618                             3

 may, during his pleasure,] suspend, without salary, any such officer  or
 employee[,  but  not  longer than till the adjournment of the succeeding
 meeting of the regents].
   § 8. Section 106 of the education law is amended to read as follows:
   § 106. Joint  seal.  The [regents of the university upon the recommen-
 dation of the] commissioner [of education] shall adopt, and  may  modify
 at  any  time,  a seal, which shall be used in common as the seal of the
 education department and of the university; and copies  of  all  records
 thereof  and  of  all  acts,  orders, decrees and decisions made by [the
 regents or by] the commissioner [of education], and of  [their]  HIS  OR
 HER  official  papers, and of the drafts or machine copies of any of the
 foregoing, may be authenticated under the said seal and  shall  then  be
 evidence equally with and in like manner as the originals.
   § 9. Section 108 of the education law is amended to read as follows:
   § 108. State  education building.   The state education building shall
 be occupied exclusively  by  the  education  department,  including  the
 university,  with  the  state  library,  the state museum, and its other
 divisions and bureaus, together with such  other  work  with  which  the
 commissioner   [of   education   and  the  regents  have]  HAS  official
 relations[, as the regents may, in their discretion, provide for  there-
 in], and such building and the offices of such department shall be main-
 tained at state expense under the charge and care of such department.
   § 10. Section 201 of the education law is amended to read as follows:
   § 201. Corporate name and objects. The corporation created in the year
 seventeen  hundred  eighty-four  under  the  name  of The Regents of the
 University of the State of New York, is hereby continued under the  name
 of  The University of the State of New York, AND SHALL BE SUBJECT TO THE
 SUPERVISION AND CONTROL OF THE COMMISSIONER.   Its objects shall  be  to
 encourage and promote education, to visit and inspect its several insti-
 tutions  and  departments,  to distribute to or expand or administer for
 them such property and funds as the state may appropriate therefor or as
 the university may own or hold in trust or  otherwise,  and  to  perform
 such  other duties as may be intrusted to it. The said corporation shall
 have power to take, hold and administer real and personal  property  and
 the  income thereof in trust for any educational, scientific, historical
 or other purpose within the jurisdiction of the [regents of The  Univer-
 sity of the State of New York] COMMISSIONER.
   §  11.  Sections  202, 203, 204, 205, 206 and 207 of the education law
 are REPEALED.
   § 12. Section 301 of the education law is REPEALED.
   § 13. Section 302 of the education law is amended to read as follows:
   § 302. How chosen.  The commissioner [of education] shall be  [elected
 by  a  majority vote of the regents.  Residence without the state of New
 York shall not disqualify him from election] APPOINTED BY  THE  GOVERNOR
 WITH  THE ADVICE AND CONSENT OF THE SENATE. THE COMMISSIONER SHALL SERVE
 AT THE PLEASURE OF THE GOVERNOR.
   § 14. Section 303 of the education law is REPEALED.
   § 15. The general construction law is amended by adding a new  section
 42-a to read as follows:
   §  42-A.  REGENTS. WHEREVER THE TERM "REGENTS OF THE UNIVERSITY OF THE
 STATE OF NEW YORK" OR ANY EQUIVALENT EXPRESSION THEREOF IS USED  IN  ANY
 PROVISION  OF LAW, RULE OR REGULATION, SUCH TERM SHALL BE DEEMED TO MEAN
 AND REFER TO THE COMMISSIONER OF EDUCATION.
   § 16. Board of regents abolished. The Regents of the University of the
 State of New York is abolished. When the term "Regents of the University
 of the State of New York" or any equivalent expression thereof  is  used

 S. 7618                             4
 
 in  the  education law or any other law, such regents shall be deemed to
 mean and refer to the commissioner of education.
   § 17. Transfer of functions. All of the functions and powers possessed
 by all and all of the obligations and duties of the board of regents are
 transferred  and  assigned  to, assumed by and devolved upon the commis-
 sioner of education.
   § 18.  Continuity of authority. For the purposes of succession to  all
 duties,  functions,  powers and obligations transferred and assigned to,
 devolved upon and assumed by the commissioner of education  pursuant  to
 this  act,  such commissioner shall be deemed and held to constitute the
 continuation of the board of regents.
   § 19. Continuance of acts and decisions. All acts and decisions of the
 board of regents pertaining to the duties and functions transferred  and
 assigned by this act, in force at the time of such transfer, assignment,
 assumption or devolution shall continue in full force and effect as acts
 and  decisions  of  the commissioner of education until duly modified or
 abrogated by such commissioner.
   § 20. Continuance of rules and regulations.  All  rules,  regulations,
 acts, determinations and decisions of the board of regents pertaining to
 the functions transferred and assigned in this act, in force at the time
 of such transfer, assignment, assumption or devolution shall continue in
 force  and  effect as rules, regulations, acts, determinations and deci-
 sions of the commissioner of education in accordance  with  the  context
 thereof, until duly modified or abrogated by such commissioner.
   §  21. Completion of unfinished business. Any business or other matter
 undertaken or commenced  by  the  board  of  regents  pertaining  to  or
 connected with the duties, functions, powers and obligations transferred
 and  assigned  by this act to the commissioner of education, and pending
 on the effective date of this act, may be conducted and completed by the
 commissioner of education in the same manner and under  the  same  terms
 and conditions and with the same effect as if conducted and completed by
 the board of regents.
   § 22. Terms occurring in laws, contracts and other documents. Whenever
 the  board  of regents is referred to or designated in any law, contract
 or document pertaining to the duties, functions, powers and  obligations
 transferred  and  assigned by this act to the commissioner of education,
 such reference or designation shall be deemed to mean and refer to  such
 commissioner.
   §  23.  Pending actions and proceedings. No action pending at the time
 when this act shall take effect, brought by  or  against  the  board  of
 regents shall be affected by any provision of this act, but the same may
 be  prosecuted  or  defended by the education department and the commis-
 sioner of education, and the proper party shall, upon application to the
 court, be substituted as a party.
   § 24. Codification of changes. The  commissioner  of  education  shall
 prepare  or  cause  to  be  prepared  for submission to the next regular
 session of the legislature a bill or bills which amend, add to or repeal
 appropriate laws so as to make such laws consistent with the  provisions
 of this act.
   §  25.  This  act  shall  take effect on the same date as a concurrent
 resolution amending the constitution, entitled "CONCURRENT RESOLUTION OF
 THE SENATE AND ASSEMBLY proposing amendments to section 4 of article  5,
 section  4 of article 8 and section 2 of article 11 of the constitution,
 in relation to abolishing The Regents of the University of the State  of
 New York".

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