NY State Senate Bill 2017-S8214

Senate Bill S8214

2017-2018 Legislative Session

Relates to the board of trustees of the New York state higher education services corporation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1116
Apr 18, 2018	referred to higher education

Votes

- May 8, 2018 - Higher Education Committee Vote
  S8214
  
  14
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 8, 2018
      
      aye (14)
      
      Breslin
      
      Croci
      
      Funke
      
      Gallivan
      
      Griffo
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Seward
      
      aye wr (4)
      
      Alcantara
      
      Bailey
      
      Peralta
      
      Stavisky

2017-S8214 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §652, Ed L

2017-S8214 (ACTIVE) - Summary

Relates to the board of trustees of the New York state higher education services corporation.

2017-S8214 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8214

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the education law, in relation to the
board of trustees of the New York state higher education services corpo-
ration

 
PURPOSE:

To ensure representation of all sectors of higher education institutions
when regulations and such are promulgated by HESC and that information
is provided to the Legislature in a timely manner.

 
SUMMARY OF PROVISIONS:

Section 1. Amends education law section 652 to require the Higher Educa-
tion Services Corporation (HESC) to provide information requested by the
Legislature including but not limited to information on costs associated
with policy proposals, statistics and state budget proposals.

Education law section 652 is further amended to change the composition

of appointments. The Governor's appointments will change from nine to
five, the temporary president of the Senate shall have two appointments
and the Speaker of the Assembly shall have two appointments. The presi-
dent of the organization representing the majority of the non-profit
degree granting colleges within the State will be added to the appoint-
ments that do not need advice and consent of the Senate. Further, the
composition of the board is changed that requires advice and consent of
the Senate: two representatives from SUNY, 2 representatives from CUNY,
2 representatives from non-profit degree granting colleges within the
state, 1 representative from a degree granting for profit college
located within the state and 2 representatives that are financial aid
officers at higher education institutions within the state.

Provisions were also added to ensure that appointments would be desig-
nated immediately upon the effective date of the bill and to also ensure
that vacancies must be filled.

Section 2.Provides that this shall take effect immediately.

 
JUSTIFICATION:

In 2017, when the Governor proposed the Excelsior Scholarship Program,
the Legislature requested data and information from HESC and did not
receive any information despite multiple requests.

After the enactment of the Excelsior Scholarship Program and the
Enhanced Tuition Award Program through the state budget in 2017, HESC
was directed to promulgate regulations on both programs. At the time,
HESC did not have a quorum to meet and no effort was made to fill such
vacancies on the HESC board before the promulgation of such regulations.
Further, the board did not have any representation for the private
college sector in the state at the time regulations were being developed
and discussed or at the board meeting to vote upon their promulgation.
An entire sector of colleges did not have a voice in the process that
directly affected all their state institutions and the Legislature did
not feel that such regulations followed the legislative intent.


This legislation directly addresses both issues identified: the Legisla-
ture not receiving important information in a timely manner and the lack
of representation of an entire sector of higher education institutions
in New York State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2017-S8214 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8214
 
                             I N  S E N A T E
 
                              April 18, 2018
                                ___________
 
 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 board of  trustees
   of the New York state higher education services corporation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph c of subdivision 2 and subdivisions 3, 4, 5 and 8
 of section 652 of the education law, paragraph c  of  subdivision  2  as
 added  by  chapter  202  of  the  laws  of 1996, subdivisions 3 and 4 as
 amended by chapter 339 of the laws of 2010, subdivision 5 as amended  by
 chapter  240  of  the laws of 1986 and subdivision 8 as added by chapter
 193 of the laws of 1989, are amended to read as follows:
   c. To support the administration  by  the  federal  government,  other
 states,  and  institutions  of  post-secondary  education of the federal
 student aid programs established under Title IV of the Higher  Education
 Act  of  nineteen  hundred  sixty-five,  as  amended,  or  any successor
 statute; AND
   D. TO PROVIDE INFORMATION REQUESTED BY THE LEGISLATURE, INCLUDING, BUT
 NOT LIMITED TO, INFORMATION ON COSTS ASSOCIATED WITH  POLICY  PROPOSALS,
 STATISTICS AND STATE BUDGET PROPOSALS.
   3.  The  corporation shall be governed and all of its corporate powers
 exercised by a board of trustees which shall consist of fifteen members,
 [nine] FIVE of whom shall be appointed by the governor with  the  advice
 and  consent of the senate, TWO OF WHOM SHALL BE APPOINTED BY THE TEMPO-
 RARY PRESIDENT OF THE SENATE, AND TWO OF WHOM SHALL BE APPOINTED BY  THE
 SPEAKER  OF  THE  ASSEMBLY.    The  members not requiring the advice and
 consent of the senate shall be the commissioner of education, the  chan-
 cellor of the state university, the chancellor of the city university of
 the city of New York, THE PRESIDENT OF THE ORGANIZATION REPRESENTING THE
 MAJORITY  OF  THE  NON-PROFIT DEGREE GRANTING COLLEGES WITHIN THE STATE,
 and [three] TWO students. One such student shall be the president of the
 student assembly of the state university  of  New  York,  AND  one  such
 student  shall be the chair of the united student senate of city univer-
 sity of New York[, and one such student shall be a student registered in

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13297-03-8

 S. 8214                             2

 a full time course of study at a state university community college]. In
 the event a student who shall be a member by reason of his or her office
 in a student organization shall fail to qualify, the student  who  holds
 the  next  highest office in the organization shall be the member of the
 board.
   4. All members shall be at least eighteen years of  age,  citizens  of
 the  United  States  and  residents of the state. [The appointed members
 shall consist of two representatives of banking institutions within  the
 state,  two  such  members shall be the presidents of independent insti-
 tutions of higher education within the state, one such member shall be a
 president or chief executive officer of a school licensed or  registered
 pursuant  to  section five thousand one of this chapter, one such member
 shall be a financial aid officer at a higher  education  institution  in
 New  York, one such member shall be a president or chief executive offi-
 cer of a degree granting proprietary college located within  the  state,
 one such member shall be a student currently registered and in full time
 attendance at a degree granting independent institution of higher educa-
 tion  in  New  York, and one shall be representative of the public.] THE
 APPOINTED MEMBERS SHALL CONSIST OF TWO REPRESENTATIVES  FROM  THE  STATE
 UNIVERSITY  OF NEW YORK, TWO REPRESENTATIVES FROM THE CITY UNIVERSITY OF
 NEW YORK, TWO REPRESENTATIVES FROM NON-PROFIT DEGREE  GRANTING  COLLEGES
 WITHIN  THE  STATE, ONE REPRESENTATIVE FROM A DEGREE GRANTING FOR-PROFIT
 COLLEGE LOCATED WITHIN THE  STATE,  AND  TWO  REPRESENTATIVES  THAT  ARE
 FINANCIAL  AID  OFFICERS,  AT  HIGHER  EDUCATION INSTITUTIONS WITHIN THE
 STATE.
   5. The appointed members shall serve for terms of six years  each  and
 shall  be  eligible  for  reappointment  to  successive terms; provided,
 however, that the student [representative of the state university commu-
 nity colleges] REPRESENTATIVES shall serve for a term of one year.
   A. PROCEDURE AND DESIGNATION OF APPOINTMENTS. ON THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF TWO  THOUSAND  SEVENTEEN  THAT  AMENDED  THIS
 SUBDIVISION,  THE  GOVERNOR  SHALL  APPOINT  ONE REPRESENTATIVE FROM THE
 STATE UNIVERSITY OF NEW YORK, ONE REPRESENTATIVE FROM THE CITY UNIVERSI-
 TY OF NEW YORK, ONE REPRESENTATIVE FROM  A  NON-PROFIT  DEGREE  GRANTING
 COLLEGE  WITHIN  THE  STATE,  ONE  REPRESENTATIVE FROM A DEGREE GRANTING
 FOR-PROFIT COLLEGE LOCATED WITHIN THE STATE, AND ONE REPRESENTATIVE THAT
 IS A FINANCIAL AID OFFICER AT A HIGHER EDUCATION INSTITUTION WITHIN  THE
 STATE.  THE  TEMPORARY  PRESIDENT  OF  THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY SHALL APPOINT THE FOUR REMAINING BOARD MEMBERS.
   B. PROCEDURES WHEN VACANCIES OCCUR. VACANCIES SHALL BE FILLED  IN  THE
 SAME  MANNER  AS  THE  ORIGINAL  APPOINTMENT AND WITHIN THE SOONEST TIME
 PRACTICABLE BUT UNDER NO CIRCUMSTANCES SHALL A SEAT REMAIN VACANT DUE TO
 LACK OF APPOINTMENT FOR MORE THAN TWELVE MONTHS.
   8. The commissioner of education, the chancellor of the state  univer-
 sity  and  the  chancellor  of the city university, THE PRESIDENT OF THE
 ORGANIZATION REPRESENTING THE MAJORITY OF THE NON-PROFIT DEGREE GRANTING
 COLLEGES WITHIN THE STATE each may, by official authority filed  in  his
 or  her  respective  department or university, and with the secretary of
 the board, designate an officer of his or her respective  department  or
 university to represent and exercise all the powers of such commissioner
 or chancellor as the case may be at all meetings of the board from which
 such commissioner or chancellor may be absent.
   § 2. This act shall take effect immediately.

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