Bill Text: NY S06790 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the election of regents and the creation of the commission on regents.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-06-20 - RECOMMITTED TO RULES [S06790 Detail]
Download: New_York-2013-S06790-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6790
I N S E N A T E
March 11, 2014
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the election of
regents and the creation of the commission on regents
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 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, nineteen
15 hundred ninety-four, each regent shall be elected for a term of five
16 years, each such term to expire on the first day of April, TWO THOUSAND
17 FIFTEEN. COMMENCING ON APRIL FIRST, TWO THOUSAND FIFTEEN, EACH REGENT
18 SHALL BE ELECTED FOR A TERM OF FIVE YEARS, EACH SUCH TERM TO EXPIRE ON
19 THE FIRST DAY OF APRIL. [Each regent shall be elected by the legisla-
20 ture by concurrent resolution in the preceding March, on or before the
21 first Tuesday of such month. If, however, the legislature fails to
22 agree on such concurrent resolution by the first Tuesday of such month,
23 then the two houses shall meet in joint session at noon on the second
24 Tuesday of such month and proceed to elect such regent by joint ballot.]
25 2. All vacancies in such office, either for full or unexpired terms,
26 shall be so filled that there shall always be in the membership of the
27 board of regents at least one resident of each of the judicial
28 districts. [A vacancy in the office of regent for other cause than
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14399-01-4
S. 6790 2
1 expiration of term of service shall be filled for the unexpired term by
2 an election at the session of the legislature immediately following such
3 vacancy in the manner prescribed in the preceding paragraph, unless the
4 legislature is in session when such vacancy occurs, in which case the
5 vacancy shall be filled by such legislature in the manner prescribed in
6 the preceding paragraph, except as hereinafter provided. However, if
7 such vacancy occurs after the second Tuesday in March and before a
8 resolution to adjourn sine die has been adopted by either house, then
9 the vacancy shall be filled by concurrent resolution, unless the legis-
10 lature fails to agree on such concurrent resolution within three legis-
11 lative days after its passage by one house, in which case the two houses
12 shall meet in joint session at noon on the next legislative day and
13 proceed to elect such regent by joint ballots; provided, however, that
14 if the vacancy occur after the adoption by either house of a resolution
15 to adjourn sine die, then the vacancy shall be filled at the next
16 session of the legislature in the manner prescribed in the preceding
17 paragraph.]
18 S 2. The education law is amended by adding a new section 202-a to
19 read as follows:
20 S 202-A. COMMISSION ON REGENTS. 1. ORGANIZATION OF THE COMMISSION.
21 (A) A COMMISSION ON REGENTS NOMINATION IS HEREBY ESTABLISHED. THE
22 COMMISSION SHALL CONSIST OF TEN MEMBERS OF WHOM FOUR SHALL BE APPOINTED
23 BY THE GOVERNOR, TWO EACH BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
24 PRESIDENT OF THE SENATE, AND ONE EACH BY THE MINORITY LEADER OF THE
25 SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY. OF THE FOUR MEMBERS
26 APPOINTED BY THE GOVERNOR, NO MORE THAN TWO SHALL BE ENROLLED IN THE
27 SAME POLITICAL PARTY, TWO SHALL HAVE NO LESS THAN TEN YEARS EXPERIENCE
28 IN THE FIELD OF EDUCATION, NO MEMBER OF THE COMMISSION SHALL HOLD OR
29 HAVE HELD ANY JUDICIAL OFFICE OR HOLD ANY ELECTED PUBLIC OFFICE FOR
30 WHICH HE RECEIVES COMPENSATION DURING HIS PERIOD OF SERVICE, NO MEMBER
31 OF THE COMMISSION SHALL HOLD ANY OFFICE IN ANY POLITICAL PARTY. THE
32 MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
33 (B) THE MEMBERS FIRST SHALL SERVE FOR A TWO YEAR TERM.
34 (C) A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINT-
35 MENT OR ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM
36 FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A VACANCY OCCUR-
37 RING FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY
38 THE APPOINTING OFFICER FOR THE REMAINDER OF THE UNEXPIRED TERM.
39 (D) THE MEMBERS SHALL DESIGNATE ONE OF THEIR NUMBER TO SERVE AS CHAIR-
40 MAN FOR A PERIOD OF TWO YEARS OR UNTIL HIS TERM OF OFFICE EXPIRES,
41 WHICHEVER PERIOD IS SHORTER.
42 (E) EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS
43 ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS DUTIES.
44 (F) EIGHT MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
45 2. FUNCTIONS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIDER AND
46 EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR APPOINTMENT TO THE BOARD
47 OF REGENTS AND, AS A VACANCY OCCURS IN ANY SUCH OFFICE, SHALL RECOMMEND
48 TO THE GOVERNOR PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT, PROFES-
49 SIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO HOLD SUCH OFFICE.
50 (B) FOR EACH VACANCY IN THE OFFICE OF THE BOARD OF REGENTS, THE
51 COMMISSION SHALL RECOMMEND TO THE GOVERNOR AT LEAST THREE PERSONS AND
52 NOT MORE THAN SEVEN PERSONS. SHOULD MORE THAN ONE VACANCY EXIST AT THE
53 SAME TIME IN THE BOARD OF REGENTS, THE NUMBER OF PERSONS RECOMMENDED BY
54 THE COMMISSION TO THE GOVERNOR SHALL BE AT LEAST THREE BUT NO MORE THAN
55 SEVEN PLUS ONE ADDITIONAL PERSON FOR EACH ADDITIONAL VACANCY IN SUCH
56 OFFICE.
S. 6790 3
1 (C) A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF
2 EIGHT MEMBERS OF THE COMMISSION. THE RECOMMENDATIONS TO THE GOVERNOR
3 SHALL BE TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT WHICH
4 SHALL BE RELEASED TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS
5 SUBMITTED TO THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY
6 BY THE CHAIRMAN, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO
7 THE CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE, EXPERIENCE, QUALI-
8 FICATIONS AND FITNESS FOR OFFICE OF EACH CANDIDATE WHO IS RECOMMENDED TO
9 THE GOVERNOR.
10 (D) NO PERSON SHALL BE RECOMMENDED TO THE GOVERNOR WHO HAS NOT
11 CONSENTED TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED BY
12 A QUORUM OF THE MEMBERSHIP OF THE COMMISSION, AND WHO HAS NOT FILED A
13 FINANCIAL STATEMENT WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY
14 THE COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A SWORN STATE-
15 MENT OF THE PERSON'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY
16 OTHER RELEVANT FINANCIAL INFORMATION WHICH THE COMMISSION MAY REQUIRE.
17 THE COMMISSION SHALL TRANSMIT TO THE GOVERNOR THE FINANCIAL STATEMENT
18 FILED BY EACH PERSON WHO IS RECOMMENDED. THE GOVERNOR SHALL MAKE AVAIL-
19 ABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY THE PERSON WHO IS
20 APPOINTED TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY ALL OTHER
21 PERSONS RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM, SHALL BE
22 CONFIDENTIAL.
23 3. ADDITIONAL FUNCTIONS OF THE COMMISSION. THE COMMISSION SHALL HAVE
24 THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
25 (A) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
26 FIED FOR APPOINTMENT TO THE BOARD OF REGENTS, OTHER THAN THOSE WHO HAVE
27 REQUESTED CONSIDERATION OR WHO HAVE BEEN RECOMMENDED FOR CONSIDERATION
28 BY OTHERS, ARE ENCOURAGED TO AGREE TO BE CONSIDERED BY THE COMMISSION.
29 (B) REQUIRE THE APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
30 ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
31 (C) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
32 PERSON WHOM IT HAS RECOMMENDED TO THE GOVERNOR, AND COMMUNICATE WITH THE
33 SENATE CONCERNING THE QUALIFICATIONS OF THE PERSON APPOINTED BY THE
34 GOVERNOR.
35 4. PROCEDURES WHEN VACANCIES OCCUR. (A) WHENEVER A VACANCY WILL OCCUR
36 IN THE BOARD OF REGENTS BY EXPIRATION OF TERM THE COMMISSION SHALL MAKE
37 ITS RECOMMENDATIONS TO THE GOVERNOR NO LATER THAN THIRTY DAYS AFTER
38 RECEIPT OF SUCH NOTICE. THE GOVERNOR SHALL MAKE HIS APPOINTMENT FROM
39 AMONG THOSE PERSONS RECOMMENDED TO HIM BY THE COMMISSION NO SOONER THAN
40 FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER RECEIPT OF THE COMMIS-
41 SION'S RECOMMENDATIONS.
42 (B) WHENEVER A VACANCY OCCURS AND THE SENATE HAS FINALLY ADJOURNED AND
43 IS NOT IN SESSION TO GIVE ITS ADVICE AND CONSENT TO AN APPOINTMENT TO
44 FILL SUCH VACANCY, THE GOVERNOR SHALL MAKE AN INTERIM APPOINTMENT FROM
45 AMONG THOSE PERSONS RECOMMENDED TO HIM BY THE COMMISSION. AN INTERIM
46 APPOINTMENT SHALL CONTINUE UNTIL THE SENATE SHALL PASS UPON THE GOVER-
47 NOR'S SELECTION. IF THE SENATE CONFIRMS AN APPOINTMENT, THE REGENT SHALL
48 SERVE A TERM PROVIDED IN SECTION TWO HUNDRED TWO OF THIS PART, COMMENC-
49 ING FROM THE DATE OF HIS INTERIM APPOINTMENT. IF THE SENATE REJECTS AN
50 APPOINTMENT, A VACANCY IN THE OFFICE SHALL OCCUR SIXTY DAYS AFTER SUCH
51 REJECTION.
52 (C) (I) IF THE SENATE IS IN SESSION AT THE TIME THE GOVERNOR MAKES AN
53 APPOINTMENT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION, EACH
54 NOMINEE SHALL BE ELECTED BY THE LEGISLATURE BY CONCURRENT RESOLUTION IN
55 THE PRECEDING MARCH, ON OR BEFORE THE FIRST TUESDAY OF SUCH MONTH. IF,
56 HOWEVER ,THE LEGISLATURE FAILS TO AGREE ON SUCH CONCURRENT RESOLUTION BY
S. 6790 4
1 THE FIRST TUESDAY OF SUCH MONTH, THEN THE TWO HOUSES SHALL MEET IN JOINT
2 SESSION AT NOON ON THE SECOND TUESDAY OF SUCH MONTH AND PROCEED TO ELECT
3 SUCH REGENT BY JOINT BALLOT.
4 (II) WHENEVER THE GOVERNOR HAS MADE AN INTERIM APPOINTMENT PURSUANT TO
5 THIS SUBDIVISION, HE SHALL COMMUNICATE ON THE FIRST DAY THAT THE SENATE
6 IS IN SESSION FOLLOWING THE MAKING OF THE INTERIM APPOINTMENT, A WRITTEN
7 NOMINATION TO THE SENATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
8 SEVEN OF THE PUBLIC OFFICERS LAW. THE SENATE SHALL CONFIRM OR REJECT
9 SUCH APPOINTMENT NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOMI-
10 NATION FROM THE GOVERNOR.
11 S 3. This act shall take effect on the ninetieth day after it shall
12 have become a law.
