S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4000
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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 EIGHTEEN, EACH REGENT SHALL BE  ELECTED  FOR  A  TERM  OF  FOUR
 YEARS,  EACH  SUCH  TERM  TO EXPIRE ON THE THIRTY-FIRST DAY OF DECEMBER.
 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

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

                                                            LBD05661-01-7

 A. 4000                             2

 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.
   § 2. Section 203 of the education law is amended to read as follows:
   § 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.
   § 3. This act shall take effect immediately.