STATE OF NEW YORK ________________________________________________________________________ 4000 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. GRAF, McDONOUGH, MONTESANO, LUPINACCI, CROUCH, RAIA, RA, GIGLIO, McLAUGHLIN, BARCLAY, BLANKENBUSH, GARBARINO, FINCH, LOPEZ, HAWLEY, MALLIOTAKIS, FRIEND, BUTLER, MURRAY -- Multi-Sponsored by -- M. of A. DiPIETRO, LAWRENCE, OAKS, SALADINO, THIELE, WALTER -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the election of 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 thirteen, one representing each existing judicial [~~districts~~] district 9 of the state [~~and shall not be less than fifteen. The regents in office~~ 10 ~~April first, nineteen hundred seventy-four shall hold office, in the~~ 11 ~~order of their election, for such times that the term of one such regent~~ 12 ~~will expire in each year on the first day of April. Commencing April~~ 13 ~~first, nineteen hundred seventy-four, each regent shall be elected for a~~ 14 ~~term of seven years, each such term to expire on the first day of~~ 15 ~~April~~]. Commencing on April first, nineteen hundred ninety-four, each 16 regent shall be elected for a term of five years, each such term to 17 expire on the first day of April. Commencing on January first, two 18 thousand eighteen, each regent shall be elected for a term of four 19 years, each such term to expire on the thirty-first day of December. 20 Each regent shall be elected [~~by the legislature by concurrent resol-~~ 21 ~~ution in the preceding March, on or before the first Tuesday of such~~ 22 ~~month. If, however, the legislature fails to agree on such concurrent~~ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05661-01-7

A. 4000 2 1 ~~resolution by the first Tuesday of such month, then the two houses shall~~ 2 ~~meet in joint session at noon on the second Tuesday of such month and~~ 3 ~~proceed to elect such regent by joint ballot~~] at a general election held 4 in November. 5 2. All vacancies in such office, either for full or unexpired terms, 6 shall be so filled that there shall always be in the membership of the 7 board of regents at least one resident of each of the judicial 8 districts. A vacancy in the office of regent for other cause than expi- 9 ration of term of service shall be filled for the unexpired term by [an] 10 a special election [~~at the session of the legislature immediately~~ 11 ~~following such vacancy in the manner prescribed in the preceding para-~~ 12 ~~graph, unless the legislature is in session when such vacancy occurs, in~~ 13 ~~which case the vacancy shall be filled by such legislature in the manner~~ 14 ~~prescribed in the preceding paragraph, except as hereinafter provided.~~ 15 ~~However, if such vacancy occurs after the second Tuesday in March and~~ 16 ~~before a resolution to adjourn sine die has been adopted by either~~ 17 ~~house, then the vacancy shall be filled by concurrent resolution, unless~~ 18 ~~the legislature fails to agree on such concurrent resolution within~~ 19 ~~three legislative days after its passage by one house, in which case the~~ 20 ~~two houses shall meet in joint session at noon on the next legislative~~ 21 ~~day and proceed to elect such regent by joint ballots; provided, howev-~~ 22 ~~er, that if the vacancy occur after the adoption by either house of a~~ 23 ~~resolution to adjourn sine die, then the vacancy shall be filled at the~~ 24 ~~next session of the legislature in the manner prescribed in the preced-~~ 25 ~~ing paragraph~~] that must be called by the governor to fill such 26 position. 27 § 2. Section 203 of the education law is amended to read as follows: 28 § 203. [~~Officers. The elective officers of the university shall be a~~ 29 ~~chancellor and a vice-chancellor who shall serve without salary, and~~ 30 ~~such other officers as are deemed necessary by the regents, all of whom~~ 31 ~~shall be chosen by ballot by the regents and~~] Chancellor. The regents 32 shall choose by ballot from the thirteen members of the regents a chan- 33 cellor who shall hold office during their pleasure; [~~but~~] no election, 34 removal or change of salary of [~~an elective officer~~] a chancellor shall 35 be made by less than six votes in favor thereof. Each regent [~~and each~~ 36 ~~elective officer~~] shall, before entering on his or her duties, take and 37 file with the secretary of state the oath of office required of state 38 officers. 39 The chancellor shall preside at all convocations and at all meetings 40 of the regents, and confer all degrees which they shall authorize. In 41 his or her absence or inability to act[~~, the vice-chancellor, or if he~~ 42 ~~be also absent,~~] the senior regent present[,] shall perform all the 43 duties and have all the powers of the chancellor. 44 § 3. This act shall take effect immediately.

Relates to the election of regents

What's Happening

Why It Matters