Bill Text: NY S04138 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that vacancies in the office of regent shall be filled by appointment.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO HIGHER EDUCATION [S04138 Detail]

Download: New_York-2017-S04138-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4138
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 3, 2017
                                       ___________
        Introduced by Sens. LAVALLE, GALLIVAN, LARKIN, MARCHIONE, RANZENHOFER --
          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:
     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 and subdivi-
     3  sion  2  as amended by chapter 296 of the laws of 1984 and as designated
     4  by 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
     7  [whose] seventeen members [shall at all times  be  four  more  than  the
     8  number  of  the  then existing judicial districts of the state and shall
     9  not be less than fifteen].  The regents in office April first,  nineteen
    10  hundred  seventy-four shall hold office, in the order of their election,
    11  for such times that the term of one such regent will expire in each year
    12  on the first day of April.  Commencing  April  first,  nineteen  hundred
    13  seventy-four,  each  regent  shall be elected for a term of seven years,
    14  each such term to expire on the first day of April. Commencing on  April
    15  first,  nineteen hundred ninety-four, each regent shall be elected for a
    16  term of five years, each such term to expire on the first day of  April.
    17  [Each]  On  and  after January first, two thousand eighteen, each regent
    18  shall be [elected by the legislature by  concurrent  resolution  in  the
    19  preceding  March,  on  or  before  the first Tuesday of such month.  If,
    20  however, the legislature fails to agree on such concurrent resolution by
    21  the first Tuesday of such month, then the two houses shall meet in joint
    22  session at noon on the second Tuesday of such month and proceed to elect
    23  such regent by joint ballot] appointed as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07874-01-7
        S. 4138                             2
     1    a. of the two vacancies that shall occur  in  the  year  two  thousand
     2  eighteen,  one  member shall be appointed by the governor and one member
     3  shall be appointed by the temporary president of the senate;
     4    b.  of  the  four  vacancies that shall occur in the year two thousand
     5  nineteen, one member shall be appointed  by  the  governor,  one  member
     6  shall  be  appointed by the speaker of the assembly, one member shall be
     7  appointed by the minority leader of the assembly and one member shall be
     8  appointed by the minority leader of the senate;
     9    c. of the six vacancies that shall occur  in  the  year  two  thousand
    10  twenty,  two  members  shall  be  appointed by the governor, two members
    11  shall be appointed by the temporary president  of  the  senate  and  two
    12  members shall be appointed by the speaker of the assembly;
    13    d.  of  the  two  vacancies  that shall occur in the year two thousand
    14  twenty-one, two members shall be appointed by the governor; and
    15    e. of the three vacancies that shall occur in the  year  two  thousand
    16  twenty-two,  two  members  shall  be  appointed  by the governor and one
    17  member shall be appointed by the speaker of the assembly, provided, that
    18  the next subsequent vacancy in the office of  regent  appointed  by  the
    19  speaker  of  the  assembly pursuant to this paragraph shall be filled by
    20  the temporary president of the senate and the next such vacancy  by  the
    21  governor.  Such  subsequent  vacancy  shall  continue  to be filled on a
    22  rotating basis by appointment by the speaker of the assembly, the tempo-
    23  rary president of the senate and the governor.
    24    2. All vacancies in such office, either for full or  unexpired  terms,
    25  shall  be  so filled that there shall always be in the membership of the
    26  board of  regents  at  least  one  resident  of  each  of  the  judicial
    27  districts.    [A  vacancy  in  the office of regent for other cause than
    28  expiration of term of service shall be filled for the unexpired term  by
    29  an election at the session of the legislature immediately following such
    30  vacancy  in the manner prescribed in the preceding paragraph, unless the
    31  legislature is in session when such vacancy occurs, in  which  case  the
    32  vacancy  shall be filled by such legislature in the manner prescribed in
    33  the preceding paragraph, except as  hereinafter  provided.  However,  if
    34  such  vacancy  occurs  after  the  second  Tuesday in March and before a
    35  resolution to adjourn sine die has been adopted by  either  house,  then
    36  the  vacancy shall be filled by concurrent resolution, unless the legis-
    37  lature fails to agree on such concurrent resolution within three  legis-
    38  lative days after its passage by one house, in which case the two houses
    39  shall  meet  in  joint  session  at noon on the next legislative day and
    40  proceed to elect such regent by joint ballots; provided,  however,  that
    41  if  the vacancy occur after the adoption by either house of a resolution
    42  to adjourn sine die, then the  vacancy  shall  be  filled  at  the  next
    43  session  of  the  legislature  in the manner prescribed in the preceding
    44  paragraph.]
    45    § 2. This act shall take effect immediately and  shall  apply  to  all
    46  vacancies in the office of regent occurring after such date.