Bill Text: NY S00216 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Provides that regents of the University of the state of New York in office March 31, 2016 shall hold office until June 30th of the year in which such term expires; also provides that commencing July 1, 2016 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-09 - referred to higher education [S00216 Detail]

Download: New_York-2015-S00216-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          216
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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:
    1    Section  1.  Subdivisions 1 and 2 of section 202 of the education law,
    2  subdivision 1 as amended by chapter 547 of the laws of 1993, subdivision
    3  2 as amended by chapter 296 of the laws of 1984  and  as  designated  by
    4  chapter 892 of the laws of 1985, are amended to read as follows:
    5    1.  The  University of the State of New York shall be governed and all
    6  its corporate powers exercised by a board of regents the number of whose
    7  members shall at all times be four more than  the  number  of  the  then
    8  existing  judicial  districts  of  the  state and shall not be less than
    9  fifteen.  [The regents in office April first, nineteen hundred  seventy-
   10  four  shall  hold office, in the order of their election, for such times
   11  that the term of one such regent will expire in each year on  the  first
   12  day  of  April.  Commencing  April first, nineteen hundred seventy-four,
   13  each regent shall be elected for a term of seven years, each  such  term
   14  to  expire  on the first day of April.] Commencing on April first, nine-
   15  teen hundred ninety-four, each regent shall be elected  for  a  term  of
   16  five years, each such term to expire on the first day of April.  REGENTS
   17  IN  OFFICE  MARCH  THIRTY-FIRST,  TWO THOUSAND FIFTEEN SHALL HOLD OFFICE
   18  UNTIL JUNE THIRTIETH OF THE YEAR  IN  WHICH  SUCH  REGENTS'  TERM  SHALL
   19  EXPIRE.  COMMENCING  JULY FIRST, TWO THOUSAND FIFTEEN, EACH REGENT SHALL
   20  BE ELECTED TO A TERM OF FIVE YEARS, EACH SUCH TERM TO EXPIRE ON THE LAST
   21  DAY OF JUNE. Each regent shall be elected by the legislature by  concur-
   22  rent  resolution  in  the  preceding [March] MAY, on or before the first
   23  Tuesday of such month.  If, however, the legislature fails to  agree  on
   24  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.
                                                                  LBD00896-01-5
       S. 216                              2
    1  then the two houses shall meet in joint session at noon on the  [second]
    2  THIRD  Tuesday  of  [such month] MAY and proceed to elect such regent by
    3  joint ballot, PROVIDED, HOWEVER, THAT SUCH ELECTION SHALL BE HELD ON THE
    4  SECOND  TUESDAY  IN MAY IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE
    5  SPEAKER OF THE ASSEMBLY CERTIFY NO LATER  THAN  MARCH  FIRST  THAT  SUCH
    6  ELECTION WOULD CONFLICT WITH RELIGIOUS OBSERVANCES.
    7    2.  All  vacancies in such office, either for full or unexpired terms,
    8  shall be so filled that there shall always be in the membership  of  the
    9  board  of  regents  at  least  one  resident  of  each  of  the judicial
   10  districts.  A vacancy in the office of regent for other cause than expi-
   11  ration of term of service shall be filled for the unexpired term  by  an
   12  election  at  the  session of the legislature immediately following such
   13  vacancy in the manner prescribed in the preceding paragraph, unless  the
   14  legislature  is  in  session when such vacancy occurs, in which case the
   15  vacancy shall be filled by such legislature in the manner prescribed  in
   16  the  preceding  paragraph,  except  as hereinafter provided. However, if
   17  such vacancy occurs after the [second] THIRD Tuesday in [March] MAY  and
   18  before  a  resolution  to  adjourn  sine  die has been adopted by either
   19  house, then the vacancy shall be filled by concurrent resolution, unless
   20  the legislature fails to agree  on  such  concurrent  resolution  within
   21  three legislative days after its passage by one house, in which case the
   22  two  houses  shall meet in joint session at noon on the next legislative
   23  day and proceed to elect such regent by joint ballots; provided,  howev-
   24  er,  that  if  the  vacancy  [occur] OCCURS after the adoption by either
   25  house of a resolution to adjourn sine die, then  the  vacancy  shall  be
   26  filled  at  the next session of the legislature in the manner prescribed
   27  in the preceding paragraph.
   28    S 2. This act shall take effect immediately.