S T A T E   O F   N E W   Y O R K
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                                 8389--A

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M. of A. GRAF, McDONOUGH, MONTESANO, LUPINACCI, BORELLI,
  CROUCH, RAIA, RA, GIGLIO, McLAUGHLIN, BARCLAY, BLANKENBUSH, GARBARINO,
  FINCH, P. LOPEZ, HAWLEY -- Multi-Sponsored by --  M.  of  A.  CERETTO,
  DiPIETRO,  OAKS,  THIELE -- read once and referred to the Committee on
  Education -- 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 FIFTEEN, 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 resolution 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13270-04-4
              

A. 8389--A                          2

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.