NY State Senate Bill 2017-S7637

Senate Bill S7637

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2018	opinion referred to judiciary
Feb 16, 2018	to attorney-general for opinion
Feb 01, 2018	referred to judiciary

2017-S7637 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §4, Art 8 §4, Art 11 §2, Constn

2017-S7637 (ACTIVE) - Summary

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

2017-S7637 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7637

SPONSOR: DEFRANCISCO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would abolish the board of regents and transfers the powers
and duties to the commissioner of education.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends section 4 of article 5 of the constitution.

Section 2 - Amends paragraph 2 of subdivision (h) of section 4 of arti-
cle 8 of the constitution.

Section 3 - Amends section 2 of article 11 of the constitution.

Section 4 - 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 account-
able 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.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
Resolved ( if the Assembly concur) that the foregoing be referred to the
first regular legislative session convening after the next succeeding
general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.

2017-S7637 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7637
 
                             I N  S E N A T E
 
                             February 1, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
             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 abol-
   ishing The Regents of the University of the State of New York

   Section 1. Resolved (if the Assembly concur), That section 4 of  arti-
 cle 5 of the constitution be amended to read as follows:
   §  4.  The  head  of  the department of audit and control shall be the
 comptroller and of the department of law, the attorney-general. The head
 of the [department of] education DEPARTMENT shall be [The Regents of the
 University of the State of New York, who shall appoint and  at  pleasure
 remove  a] THE commissioner of education [to be the chief administrative
 officer of the department], WHO SHALL BE APPOINTED BY THE GOVERNOR  WITH
 THE  ADVICE  AND  CONSENT OF THE SENATE, AND MAY BE REMOVED BY AND SHALL
 SERVE AT THE PLEASURE OF THE GOVERNOR.  The head of  the  department  of
 agriculture  and markets shall be appointed in a manner to be prescribed
 by law. Except as otherwise provided in this constitution, the heads  of
 all  other  departments  and  the members of all boards and commissions,
 excepting temporary commissions for special purposes, shall be appointed
 by the governor by and with the advice and consent of the senate and may
 be removed by the governor, in a manner to be prescribed by law.
   § 2. Resolved (if the Assembly concur), That paragraph 2  of  subdivi-
 sion  (h)  of  section  4 of article 8 of the constitution be amended to
 read as follows:
   (2) the consent of [The Regents of the University of the State of  New
 York] THE COMMISSIONER OF EDUCATION and
   §  3.  Resolved (if the Assembly concur), That section 2 of article 11
 of the constitution be amended to read as follows:
   § 2. The corporation created in the year one  thousand  seven  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]  ABOL-
 ISHED,  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 COMMISSIONER OF EDUCATION, INCLUDING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89130-01-8

 S. 7637                             2
 
 THE DIRECTION AND CONTROL OF THE EDUCATION DEPARTMENT AND THE University
 of the State of New York.  [It  shall  be  governed  and  its  corporate
 powers,  which  may be increased, modified or diminished by the legisla-
 ture, shall be exercised by not less than nine regents.]
   § 4. Resolved (if the Assembly concur), That the foregoing be referred
 to  the  first  regular  legislative  session  convening  after the next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.

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