Bill Text: NY S07318 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that vacancies in the office of regent shall be filled by appointment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-02 - REFERRED TO HIGHER EDUCATION [S07318 Detail]
Download: New_York-2011-S07318-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7318
I N S E N A T E
May 2, 2012
___________
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 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 THIRTEEN, 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:
24 A. OF THE TWO VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
25 THIRTEEN, ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER
26 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
27 B. OF THE FOUR VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
28 FOURTEEN, ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, ONE MEMBER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15694-01-2
S. 7318 2
1 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER
2 SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY AND ONE MEMBER
3 SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
4 C. OF THE SIX VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
5 FIFTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO MEMBERS
6 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND TWO
7 MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
8 D. OF THE TWO VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
9 SIXTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; AND
10 E. OF THE THREE VACANCIES THAT SHALL OCCUR IN THE YEAR TWO THOUSAND
11 SEVENTEEN, TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER
12 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, PROVIDED, THAT THE
13 NEXT SUBSEQUENT VACANCY IN THE OFFICE OF REGENT APPOINTED BY THE SPEAKER
14 OF THE ASSEMBLY PURSUANT TO THIS PARAGRAPH SHALL BE FILLED BY THE TEMPO-
15 RARY PRESIDENT OF THE SENATE AND THE NEXT SUCH VACANCY BY THE GOVERNOR.
16 SUCH SUBSEQUENT VACANCY SHALL CONTINUE TO BE FILLED ON A ROTATING BASIS
17 BY APPOINTMENT BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
18 OF THE SENATE AND THE GOVERNOR.
19 2. All vacancies in such office, either for full or unexpired terms,
20 shall be so filled that there shall always be in the membership of the
21 board of regents at least one resident of each of the judicial
22 districts. [A vacancy in the office of regent for other cause than
23 expiration of term of service shall be filled for the unexpired term by
24 an election at the session of the legislature immediately following such
25 vacancy in the manner prescribed in the preceding paragraph, unless the
26 legislature is in session when such vacancy occurs, in which case the
27 vacancy shall be filled by such legislature in the manner prescribed in
28 the preceding paragraph, except as hereinafter provided. However, if
29 such vacancy occurs after the second Tuesday in March and before a
30 resolution to adjourn sine die has been adopted by either house, then
31 the vacancy shall be filled by concurrent resolution, unless the legis-
32 lature fails to agree on such concurrent resolution within three legis-
33 lative days after its passage by one house, in which case the two houses
34 shall meet in joint session at noon on the next legislative day and
35 proceed to elect such regent by joint ballots; provided, however, that
36 if the vacancy occur after the adoption by either house of a resolution
37 to adjourn sine die, then the vacancy shall be filled at the next
38 session of the legislature in the manner prescribed in the preceding
39 paragraph.]
40 S 2. This act shall take effect immediately and shall apply to all
41 vacancies in the office of regent occurring after such date.
