Provides that vacancies in the office of regent shall be filled by appointment.
Ayes (42): Addabbo, Avella, Ball, Bonacic, Carlucci, DeFrancisco, Diaz, Farley, Felder, Flanagan, Gallivan, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Ranzenhofer, Ritchie, Robach, Sampson, Savino, Seward, Skelos, Smith, Tkaczyk, Valesky, Young, Zeldin
Nays (19): Boyle, Breslin, Dilan, Espaillat, Gianaris, Hassell-Thomps, Hoylman, Krueger, Latimer, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousins
TITLE OF BILL: An act to amend the education law, in relation to filling vacancies in the office of regent by appointment
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.
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 213 members.
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.
None to the State.
STATE OF NEW YORK ________________________________________________________________________ 2031--A 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 -- recom- mitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 FIFTEEN, 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 jointAPPOINTED AS FOLLOWS: A. 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; B. OF THE TWO VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND SIXTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; C. 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; D. OF THE TWO VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND EIGHTEEN, ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND E. OF THE FOUR VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND NINETEEN, ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, 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. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06208-03-4 S. 2031--A 2
session at noon on the second Tuesday of such month and proceed to elect such regent by joint ballot]
[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.