Bill Text: NY S03794 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes a temporary commission to examine and review the degree and effect of segregation in primary and secondary schools and any correlation with school funding and the long-term impact of inadequate education on segregated students; expires 2021.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-04-16 - PRINT NUMBER 3794A [S03794 Detail]
Download: New_York-2017-S03794-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3794--A 2017-2018 Regular Sessions IN SENATE January 27, 2017 ___________ Introduced by Sens. BAILEY, HAMILTON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recom- mitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT creating a temporary state commission to examine the degree and effect of segregation in primary and secondary schools; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. There is established within the department of education a 2 temporary state commission to examine and review the degree of segre- 3 gation in primary and secondary schools; here and after referred to as 4 the commission. The commission shall have the following functions, 5 powers and duties: 6 a. To appoint an executive director who shall act in accordance with 7 the policies of the commission. The commission may delegate authority to 8 the executive director to act in the name of the commission between 9 meetings of the commission provided such delegation is in writing and 10 the specific powers to be delegated are enumerated; 11 b. To appoint such other staff as are necessary to carry out its 12 duties under this section; 13 c. To conduct investigations in connection with: the level of segre- 14 gation in New York's primary and secondary schools; any correlation 15 between segregation and inadequate school funding; and the long-term 16 economic impact of inadequate educational resources on segregated 17 students and society; 18 d. To make an annual report to the governor and the legislature not 19 later than July first of each year which shall include its recommenda- 20 tions. The commission shall make such further interim reports to the 21 governor, or to the governor and legislature, as it shall deem advis- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08673-02-8S. 3794--A 2 1 able, or as shall be required to do by the governor, the temporary pres- 2 ident of the senate or the speaker of the assembly; 3 e. To conduct any investigation authorized by this section at any 4 place within the state; and to maintain offices, hold meetings and func- 5 tion at any place within the state as it may deem necessary; 6 f. To conduct private and public hearings and to designate one or more 7 members of the commission or of its staff to preside over any such hear- 8 ings; and 9 g. To administer oaths or affirmations, subpoena witnesses, compel 10 their attendance, examine them under oath or affirmation and require the 11 production of any books, records, documents or other evidence it may 12 deem relevant or material to an investigation. 13 § 2. The commission shall consist of ten members, to be known as 14 commissioners to be appointed as follows: Two members of the commission 15 shall be appointed by the governor, two by the temporary president of 16 the senate, two by the minority leader of the senate, two by the speaker 17 of the assembly and two by the minority leader of the assembly, each to 18 serve a three year term. No more than five members shall belong to the 19 same political party. No member or employee of the commission shall hold 20 any other public office or public employment and no member shall be 21 employed as a lobbyist. The governor shall designate the chairperson of 22 the commission from among the members thereof, who shall serve as chair- 23 person at the pleasure of the governor. The chairperson or any six 24 members of the commission may call a meeting. Any vacancy occurring on 25 the commission shall be filled within 60 days of its occurrence in the 26 same manner as the original appointment. A vacancy in the commission 27 shall not impair the right of the remaining members to exercise all the 28 powers of the commission. A person appointed to fill a vacancy shall be 29 appointed for the unexpired term of the member he or she succeeds. Six 30 members of the commission shall constitute a quorum and the commission 31 shall have power to act by majority vote of the total number of members 32 of the commission without vacancy. Members of the commission may be 33 removed by the governor for substantial neglect of duty, gross miscon- 34 duct in office, inability to discharge the powers or duties of office or 35 violation of this section, after written notice and opportunity for a 36 reply. 37 § 3. The members of the commission shall not receive compensation but 38 shall be reimbursed for reasonable expenses incurred in the performance 39 of their official duties. 40 § 4. The commission may request and shall receive from every depart- 41 ment, division, board, bureau, commission or other agency of the state, 42 or of any political subdivision thereof, cooperation and assistance in 43 the performance of its duties. 44 § 5. This act shall take effect July 1, 2018 and shall expire March 45 31, 2021, when upon such date the provisions of this act shall be deemed 46 repealed.
