NY State Senate Bill 2019-S3308

Senate Bill S3308

2019-2020 Legislative Session

Provides that all members of the board of regents shall be elected by concurrent resolution of the legislature on the second Tuesday of March

download bill text pdf

Archive: Last Bill Status - In Senate Committee 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Feb 05, 2019	referred to education

2019-S3308 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §202, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6854
2017-2018: S2750

2019-S3308 (ACTIVE) - Summary

Provides that all members of the board of regents shall be elected by concurrent resolution of the legislature on the second Tuesday of March, regardless if such election is to fill the expired term of a regent or to fill the unexpired term of a regent.

2019-S3308 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3308

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the education law, in relation to election of the
members of the board of regents

 
TITLE OF BILL:

An act to amend the education law, in relation to election of the
members of the board of regents

 
PURPOSE:

To provide for the election of members of the board of regents by
concurrent resolution, requiring approval by a majority of members with-
in both houses of the Legislature.

 
SUMMARY OF PROVISIONS:

Section 1. Requires members of the board of regents to be elected by
concurrent resolution and removes the option for election by joint
session of the Legislature.

Section 2. Makes conforming changes for the filling of vacancies on the
board by concurrent resolution and sets dates for such resolutions to be
voted upon.

 
JUSTIFICATION:

The board of regents is made up of seventeen members who are charged
with setting education policy for students and education professionals
across the State. Members of the board can currently be elected by
concurrent resolution or through a joint session of the Legislature. The
current political makeup of the Legislature allows one party, in one
house to dominate this process. In recent times, the election has relied
on the statutory fall back of meeting in joint session, rather than
passing a concurrent resolution to seek input from both houses. By
requiring a concurrent resolution, this bill ensures that both houses of
the Legislature have an equal say in electing members to the board.
Restoring equity to this process will help ensure that members of the
board of regents are well rounded and representative of the diverse
policy areas the board oversees.

 
LEGISLATIVE HISTORY:

2017-18 S.2750;
2016 S.6854

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2019-S3308 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3308
 
                        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 Education
 
 AN ACT to amend the education  law,  in  relation  to  election  of  the
   members of the board of regents
 
   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
 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 regent
 shall be elected by the legislature  by  concurrent  resolution  in  the
 preceding  March, on or before the [first] SECOND Tuesday of such month.
 [If, however, the legislature fails to agree on such  concurrent  resol-
 ution 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.]
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08353-01-9

 S. 3308                             2
 
 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]  THE  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  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 after the adoption by either house of a
 resolution to adjourn sine die OR THE SECOND TUESDAY IN MARCH, 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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