S7318-2011 Actions

• May 2, 2012: REFERRED TO HIGHER EDUCATION

S7318-2011 Memo

BILL NUMBER:S7318

TITLE OF BILL:
An act
to amend the education law, in relation to filling vacancies in the
office of regent by appointment

PURPOSE:
To provide for the selection of the board of regents by appointment.

SUMMARY OF PROVISIONS:
This bill amends Section 202 of the Education Law to provide that
there will be seventeen appointed regents; eight of whom would be
chosen by the Governor; three by the Majority Leader of the Senate;
three by the Speaker of the Assembly; one each by the Minority Leaders
of the Senate and Assembly and one appointment to be selected on a
rotating basis amongst the Governor, Majority Leader and Speaker.

EXISTING LAW:
Selection is made by a resolution of the Senate and Assembly, or in
the event there no agreement, by election of the Legislature sitting
in joint Session of 212 members.

JUSTIFICATION:
The composition of the Board of Regents should be a reflection of the
entire State, capturing as wide and diverse a group as possible. The
law presently provides that the 17 members of the board reflect
regional representation but when it comes to the selection of each
individual regent, one house has an overwhelming advantage in the
process. This bill would provide for a appointment process that
insures a more open and global participation by the executive and the
majority and minority in the Senate and Assembly. It will strengthen
the system and open up membership to all worthy candidates.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

S7318-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7318
 I N  SENATE
 May 2, 2012
 
 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 filling  vacancies  in
 the office of regent by appointment
 

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 and subdivi
 sion  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] SEVENTEEN 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,  nineteen 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.
 [Each]  ON  AND  AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, EACH regent
 shall be [elected by the legislature by  concurrent  resolution  in  the
 preceding  March,  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, then the two houses shall meet in joint
 session at noon on the second Tuesday of such month and proceed to elect
 such regent by joint ballot] APPOINTED AS FOLLOWS:

 A. OF THE TWO VACANCIES THAT SHALL OCCUR  IN  THE  YEAR  TWO  THOUSAND
 THIRTEEN,  ONE  MEMBER SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER
 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
 B. OF THE FOUR VACANCIES THAT SHALL OCCUR IN  THE  YEAR  TWO  THOUSAND
 FOURTEEN,  ONE  MEMBER  SHALL  BE  APPOINTED BY THE GOVERNOR, ONE MEMBER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15694-01-2
 
       S. 7318                             2
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE  MEMBER
 SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY AND ONE MEMBER
 SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
 C.  OF  THE  SIX  VACANCIES  THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
 FIFTEEN, TWO MEMBERS SHALL BE APPOINTED BY  THE  GOVERNOR,  TWO  MEMBERS
 SHALL  BE  APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE AND TWO
 MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
 D. OF THE TWO VACANCIES THAT SHALL OCCUR  IN  THE  YEAR  TWO  THOUSAND
 SIXTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; AND
 E.  OF  THE  THREE VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
 SEVENTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER
 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,  PROVIDED,  THAT  THE
 NEXT SUBSEQUENT VACANCY IN THE OFFICE OF REGENT APPOINTED BY THE SPEAKER
 OF THE ASSEMBLY PURSUANT TO THIS PARAGRAPH SHALL BE FILLED BY THE TEMPO
 RARY  PRESIDENT OF THE SENATE AND THE NEXT SUCH VACANCY BY THE GOVERNOR.
 SUCH SUBSEQUENT VACANCY SHALL CONTINUE TO BE FILLED ON A ROTATING  BASIS
 BY  APPOINTMENT  BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
 OF THE SENATE AND THE GOVERNOR.
 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
 expiration 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  Tuesday in March 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 legis-
 lature fails to agree on such concurrent resolution within three  legis-
 lative 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,  however,  that
 if  the vacancy occur 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.]
 

S 2. This act shall take effect immediately and  shall  apply  to  all
 vacancies in the office of regent occurring after such date.

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