What's happening
This bill changes the election process and timeline for filling vacancies on the New York State Board of Regents.
Why it matters
Shifts the election of Board of Regents members to the second Tuesday in March, rather than the first, giving legislators more time to deliberate and nominate candidates.
Removes the requirement for a joint session of both legislative houses if no agreement is reached by the first Tuesday, streamlining the process to use only a concurrent resolution.
Clarifies and standardizes the process for filling vacancies by specifying that if a vacancy occurs after the second Tuesday in March or after adjournment, the seat remains vacant until the next legislative session, potentially lengthening the time some regions may go without representation.
Aims to make the regent selection and vacancy-filling process more predictable and less susceptible to last-minute negotiations or procedural complications, which could impact how educational policy is overseen in New York.
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Who cares
Headline styles
Change Regents Election Date
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3308
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to election of the members of the board of regents
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 202 of the education law, subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivision 2 as amended by chapter 296 of the laws of 1984 and as designated by chapter 892 of the laws of 1985, are amended to read as follows:
1. The University of the State of New York shall be governed and all its corporate powers exercised by a board of regents the number of whose members shall at all times be four more than the number of the then existing judicial districts of the state and shall not be less than fifteen. The regents in office April first, nineteen hundred seventyfour shall hold office, in the order of their election, for such times that the term of one such regent will expire in each year on the first day of April. Commencing April first, nineteen hundred seventy-four, each regent shall be elected for a term of seven years, each such term to expire on the first day of April. Commencing on April first, nineteen hundred ninety-four, each regent shall be elected for a term of five years, each such term to expire on the first day of April. Each regent shall be elected by the legislature by concurrent resolution in the preceding March, on or before the [first] second Tuesday of such month. [If, however, the legislature fails to agree on such concurrent resolution by the first Tuesday of such month, then the two houses shall meet in joint session at noon on the second Tuesday of such month and proceed to elect such regent by joint ballot.]
2. All vacancies in such office, either for full or unexpired terms, shall be so filled that there shall always be in the membership of the board of regents at least one resident of each of the judicial
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08353-01-9
S. 3308 2
districts. A vacancy in the office of regent for other cause than expiration of term of service shall be filled for the unexpired term [by an election at the session of the legislature immediately following such vacancy in the manner prescribed in the preceding paragraph, unless the legislature is in session when such vacancy occurs, in which case the vacancy shall be filled] by [such] the legislature in the manner prescribed in the preceding paragraph, [except as hereinafter provided. However, if such vacancy occurs after the second Tuesday in March and before a resolution to adjourn sine die has been adopted by either house, then the vacancy shall be filled by concurrent resolution, unless the legislature fails to agree on such concurrent resolution within three legislative days after its passage by one house, in which case the two houses shall meet in joint session at noon on the next legislative day and proceed to elect such regent by joint ballots;] provided, however, that if the vacancy occur after the adoption by either house of a resolution to adjourn sine die or the second Tuesday in March, then the vacancy shall be filled at the next session of the legislature in the manner prescribed in the preceding paragraph.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to election of the members of the board of regents
Title of bill
An act to amend the education law, in relation to election of the members of the board of regents
Purpose
To provide for the election of members of the board of regents by concurrent resolution, requiring approval by a majority of members with- in both houses of the Legislature.
Summary of provisions
Section 1. Requires members of the board of regents to be elected by concurrent resolution and removes the option for election by joint session of the Legislature.
Section 2. Makes conforming changes for the filling of vacancies on the board by concurrent resolution and sets dates for such resolutions to be voted upon.
Justification
The board of regents is made up of seventeen members who are charged with setting education policy for students and education professionals across the State. Members of the board can currently be elected by concurrent resolution or through a joint session of the Legislature. The current political makeup of the Legislature allows one party, in one house to dominate this process. In recent times, the election has relied on the statutory fall back of meeting in joint session, rather than passing a concurrent resolution to seek input from both houses. By requiring a concurrent resolution, this bill ensures that both houses of the Legislature have an equal say in electing members to the board. Restoring equity to this process will help ensure that members of the board of regents are well rounded and representative of the diverse policy areas the board oversees.
Legislative history
2017-18 S.2750; 2016 S.6854
Fiscal implications
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.