Provides that regents of the University of the state of New York in office March 31, 2014 shall hold office until June 30th of the year in which such term expires; also provides that commencing July 1, 2014 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.
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: 2011-12 S.3384A; 2009-2010 S.2160; S.6487-B of 2000; S.2350 of 2001-2002; S.288-B of 2003-2004; 2005-2006, S.1083; 2007-2008, S.2603.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:; Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2030 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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 THIRTEEN SHALL HOLD OFFICE UNTIL JUNE THIRTIETH OF THE YEAR IN WHICH SUCH REGENTS' TERM SHALL EXPIRE. COMMENCING JULY FIRST, TWO THOUSAND THIRTEEN, 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,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06132-01-3 S. 2030 2
then the two houses shall meet in joint session at noon on the
[second]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. S 2. This act shall take effect immediately.