NY State Senate Bill 2019-S3304

Archive: Last Bill Status - In Senate Committee Higher 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 08, 2020	referred to higher education
Feb 05, 2019	referred to higher education

2019-S3304 (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
2011-2012: S3384
2013-2014: S2030
2015-2016: S216
2017-2018: S2547

2019-S3304 (ACTIVE) - Summary

Provides that regents of the University of the state of New York in office March 31, 2020 shall hold office until June 30th of the year in which such term expires; also provides that commencing July 1, 2020 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.

2019-S3304 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3304

SPONSOR: LAVALLE
 
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 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:

2017-18 S.2547; 2015-16 S.216A; 2013-14 S.2030A; 2011-12 S.3384A; 2009-
2010 S.2160; S.6487-B of 2000; S.2350 of 2001-2002; S.288B of 2003-2004;
2005-2006, S.1083; 2007-2008, S.2603.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S3304 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3304
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 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 TWENTY, SHALL HOLD OFFICE
 UNTIL JUNE THIRTIETH OF THE YEAR  IN  WHICH  SUCH  REGENTS'  TERM  SHALL
 EXPIRE. COMMENCING JULY FIRST, TWO THOUSAND TWENTY, 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.

                                                            LBD08482-01-9

 S. 3304                             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.
   § 2. This act shall take effect immediately.

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Senate Bill S3304

Sponsored By

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

2019-S3304 (ACTIVE) - Details

2019-S3304 (ACTIVE) - Summary

2019-S3304 (ACTIVE) - Sponsor Memo

2019-S3304 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3304

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Sponsored By

Kenneth P. LaValle

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

2019-S3304 (ACTIVE) - Details

2019-S3304 (ACTIVE) - Summary

2019-S3304 (ACTIVE) - Sponsor Memo

2019-S3304 (ACTIVE) - Bill Text download pdf

Comments