S T A T E   O F   N E W   Y O R K
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                                 2489--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of A. GRAF, McDONOUGH, MONTESANO, LUPINACCI, CROUCH,
  RAIA, RA, GIGLIO, McLAUGHLIN, BARCLAY, BLANKENBUSH, GARBARINO,  FINCH,
  LOPEZ,  HAWLEY, MALLIOTAKIS, FRIEND, BUTLER, MURRAY, WOZNIAK -- Multi-
  Sponsored by -- M. of A. CERETTO, DiPIETRO, LAWRENCE, OAKS,  SALADINO,
  THIELE, WALTER -- read once and referred to the Committee on Education
  -- recommitted to the Committee on Education in accordance with Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

  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 subdivi-
sion  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]
THIRTEEN, ONE REPRESENTING EACH existing judicial  [districts]  DISTRICT
of the state [and shall not be less than fifteen.  The regents in office
April  first,  nineteen  hundred  seventy-four 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.   COMMENCING  ON  JANUARY  FIRST,  TWO
THOUSAND  SEVENTEEN,  EACH  REGENT  SHALL  BE ELECTED FOR A TERM OF FOUR
YEARS, EACH SUCH TERM TO EXPIRE ON THE  THIRTY-FIRST  DAY  OF  DECEMBER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02357-04-6
              

A. 2489--A                          2

Each  regent  shall  be elected [by the legislature by concurrent resol-
ution in the preceding March, on or before the  first  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] AT A GENERAL ELECTION HELD
IN NOVEMBER.
  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
districts.  A vacancy in the office of regent for other cause than expi-
ration of term of service shall be filled for the unexpired term by [an]
A  SPECIAL  election  [at  the  session  of  the legislature immediately
following such vacancy in the manner prescribed in the  preceding  para-
graph, unless the legislature is in session when such vacancy occurs, in
which case the vacancy shall be filled by such 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,  howev-
er,  that  if  the vacancy occur after the adoption by either house of a
resolution to adjourn sine die, then the vacancy shall be filled at  the
next  session of the legislature in the manner prescribed in the preced-
ing paragraph] THAT  MUST  BE  CALLED  BY  THE  GOVERNOR  TO  FILL  SUCH
POSITION.
  S 2. Section 203 of the education law is amended to read as follows:
  S 203. [Officers.   The elective officers of the university shall be a
chancellor and a vice-chancellor who shall  serve  without  salary,  and
such  other officers as are deemed necessary by the regents, all of whom
shall be chosen by ballot by the regents and]  CHANCELLOR.  THE  REGENTS
SHALL  CHOOSE BY BALLOT FROM THE THIRTEEN MEMBERS OF THE REGENTS A CHAN-
CELLOR WHO shall hold office during their pleasure; [but]  no  election,
removal  or change of salary of [an elective officer] A CHANCELLOR shall
be made by less than six votes in favor thereof.  Each regent [and  each
elective  officer] shall, before entering on his OR HER duties, take and
file with the secretary of state the oath of office  required  of  state
officers.
  The  chancellor  shall preside at all convocations and at all meetings
of the regents, and confer all degrees which they shall authorize.    In
his  OR  HER absence or inability to act[, the vice-chancellor, or if he
be also absent,] the senior regent  present[,]  shall  perform  all  the
duties and have all the powers of the chancellor.
  S 3. This act shall take effect immediately.