Bill Text: NY S07637 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 7637 (Prior Session Legislation)

Introduced

Bill Title: Abolishes the board of regents and transfers the powers and duties to the commissioner of education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-14 - OPINION REFERRED TO JUDICIARY [S07637 Detail]

Download: New_York-2017-S07637-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7637
                    IN SENATE
                                    February 1, 2018
                                       ___________
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing amendments to section 4 of article 5, section 4 of  article  8
          and  section 2 of article 11 of the constitution, in relation to abol-
          ishing The Regents of the University of the State of New York
     1    Section 1. Resolved (if the Assembly concur), That section 4 of  arti-
     2  cle 5 of the constitution be amended to read as follows:
     3    §  4.  The  head  of  the department of audit and control shall be the
     4  comptroller and of the department of law, the attorney-general. The head
     5  of the [department of] education department shall be [The Regents of the
     6  University of the State of New York, who shall appoint and  at  pleasure
     7  remove  a] the commissioner of education [to be the chief administrative
     8  officer of the department], who shall be appointed by the governor  with
     9  the  advice  and  consent of the senate, and may be removed by and shall
    10  serve at the pleasure of the governor.  The head of  the  department  of
    11  agriculture  and markets shall be appointed in a manner to be prescribed
    12  by law. Except as otherwise provided in this constitution, the heads  of
    13  all  other  departments  and  the members of all boards and commissions,
    14  excepting temporary commissions for special purposes, shall be appointed
    15  by the governor by and with the advice and consent of the senate and may
    16  be removed by the governor, in a manner to be prescribed by law.
    17    § 2. Resolved (if the Assembly concur), That paragraph 2  of  subdivi-
    18  sion  (h)  of  section  4 of article 8 of the constitution be amended to
    19  read as follows:
    20    (2) the consent of [The Regents of the University of the State of  New
    21  York] the commissioner of education and
    22    §  3.  Resolved (if the Assembly concur), That section 2 of article 11
    23  of the constitution be amended to read as follows:
    24    § 2. The corporation created in the year one  thousand  seven  hundred
    25  eighty-four,  under  the  name  of  The Regents of the University of the
    26  State of New York, is hereby [continued under the  name  of  The]  abol-
    27  ished,  and  all  the  functions  and powers possessed by and all of the
    28  obligations and duties of such regents are transferred and assigned  to,
    29  assumed  by  and  devolved upon the commissioner of education, including
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89130-01-8

        S. 7637                             2
     1  the direction and control of the education department and the University
     2  of the State of New York.  [It  shall  be  governed  and  its  corporate
     3  powers,  which  may be increased, modified or diminished by the legisla-
     4  ture, shall be exercised by not less than nine regents.]
     5    § 4. Resolved (if the Assembly concur), That the foregoing be referred
     6  to  the  first  regular  legislative  session  convening  after the next
     7  succeeding general election of members of the assembly, and, in conform-
     8  ity with section 1 of article 19 of the constitution, be published for 3
     9  months previous to the time of such election.