S T A T E   O F   N E W   Y O R K
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                                 6671--A
    Cal. No. 279

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by Sens. FLANAGAN, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  --  committee  discharged  and said bill committed to the Committee on
  Rules -- ordered to a third reading, substituted by Assembly Bill  No.
  121, substitution reconsidered, restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the education law, in relation to meetings and absences
  of the board of regents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  204  of  the education law is amended to read as
follows:
  S 204. Meetings and absences. 1. (A) The regents may provide for regu-
lar meetings[, and the chancellor, or the commissioner of education,  or
any five regents, may at any time call a special meeting of the board of
regents  and  fix  the  time  and place therefor; and at least ten days'
notice of every meeting shall be mailed to the  usual  address  of  each
regent.   If any regent shall fail to attend three consecutive meetings,
without excuse accepted as satisfactory by the regents, he may be deemed
to have resigned and the regents shall then report the  vacancy  to  the
legislature,  which  shall  fill  it]  OF  THE  BOARD OF REGENTS AND ANY
COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER SUBGROUPS THEREOF.  NOTICE
OF TIME AND PLACE FOR ALL  REGULAR  PUBLIC  MEETINGS  OF  THE  BOARD  OF
REGENTS  AND ANY COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER SUBGROUPS
THEREOF SHALL BE PUBLICLY PROVIDED AT LEAST SEVEN  DAYS  IN  ADVANCE  OF
SUCH MEETING. SUCH NOTICE OF TIME, PLACE AND AGENDA SHALL BE DISTRIBUTED
VIA  THE  BOARD'S OFFICIAL INTERNET WEBSITE AND SPECIFICALLY DISTRIBUTED
BY UNITED STATES POSTAL SERVICE TO ALL REGENTS AT THEIR USUAL  ADDRESSES
AND,  IF  A  MEETING  OF A COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER
SUBGROUPS THEREOF, BY SUCH MEANS,  INCLUDING  BUT  NOT  LIMITED  TO  THE
UNITED  STATES  POSTAL SERVICE OR ELECTRONIC MEANS, AS DETERMINED BY THE
COMMITTEE, SUBCOMMITTEE, TASK FORCE, OR OTHER  SUBGROUPS  THEREOF.    AN
AGENDA FOR A REGULAR PUBLIC MEETING OF THE BOARD SHALL BE COMPRISED OF A
LIST  OF  ALL  ITEMS  TO BE CONSIDERED WITH A DESCRIPTION OF THE SUBJECT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00127-05-4

S. 6671--A                          2

MATTER OF EACH SUCH ITEM AND SHALL BE POSTED  AT  LEAST  THREE  DAYS  IN
ADVANCE  OF  THE  MEETING;  PROVIDED  HOWEVER,  THAT IN AN INSTANCE OF A
HEALTH OR PUBLIC SAFETY EMERGENCY,  THE  BOARD  MAY  INCLUDE  ADDITIONAL
ITEMS  TO THE AGENDA WITH LESS THAN THREE DAYS NOTICE. IN AN INSTANCE OF
A HEALTH OR PUBLIC SAFETY EMERGENCY, THE BOARD SHALL USE BEST EFFORTS TO
MAKE PUBLIC ANY CHANGES TO THE AGENDA PRIOR TO THE REGULAR MEETING.  THE
NOTICE AND AGENDA SHALL BE CONSIDERED A PUBLIC RECORD.
  (B) THE CHANCELLOR OR THE COMMISSIONER, OR ANY FIVE  REGENTS,  MAY  AT
ANY TIME CALL A SPECIAL MEETING OF THE BOARD OF REGENTS AND FIX THE TIME
AND  PLACE  THEREFOR.  NOTICE  OF TIME, PLACE AND AGENDA FOR ALL SPECIAL
PUBLIC MEETINGS OF THE BOARD OF REGENTS SHALL BE  PUBLICLY  PROVIDED  AT
LEAST  THREE DAYS IN ADVANCE OF SUCH MEETING. SUCH NOTICE OF TIME, PLACE
AND AGENDA SHALL  BE  DISTRIBUTED  VIA  THE  BOARD'S  OFFICIAL  INTERNET
WEBSITE  AND  SPECIFICALLY  CIRCULATED  ACCORDING TO THE RULES AND REGU-
LATIONS OF THE REGENTS TO ALL REGENTS.  THE  BOARD  OF  REGENTS  SPECIAL
PUBLIC  MEETING  AGENDA  SHALL BE COMPRISED OF A LIST OF ALL ITEMS TO BE
CONSIDERED WITH A DESCRIPTION OF THE SUBJECT MATTER OF EACH  SUCH  ITEM;
PROVIDED HOWEVER, THAT IN AN INSTANCE OF A HEALTH OR PUBLIC SAFETY EMER-
GENCY,  THE  BOARD  MAY INCLUDE ADDITIONAL ITEMS TO THE AGENDA WITH LESS
THAN THREE DAYS NOTICE. IN AN INSTANCE OF  A  HEALTH  OR  PUBLIC  SAFETY
EMERGENCY,  THE  BOARD SHALL USE BEST EFFORTS TO MAKE PUBLIC ANY CHANGES
TO THE AGENDA PRIOR TO THE SPECIAL MEETING.  THE NOTICE AND AGENDA SHALL
BE CONSIDERED A PUBLIC RECORD.
  2. ANY MEETING OF THE BOARD OF REGENTS AND ANY  COMMITTEE,  SUBCOMMIT-
TEE,  TASK  FORCE,  OR  OTHER  SUBGROUPS  THEREOF  SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  3. A SUMMARY OF COMMITTEE REPORTS, ANY OTHER MINUTES,  AND  ATTENDANCE
OF  THE BOARD OF REGENTS FOR EITHER REGULAR OR SPECIAL MEETINGS SHALL BE
ELECTRONICALLY AVAILABLE ON THE BOARD OF REGENTS WEBSITE AT THE CLOSE OF
EACH BOARD MEETING AND SHALL BE CONSIDERED A PUBLIC  RECORD.  THE  VIDEO
RECORDING  OF  ANY  REGULAR  FULL BOARD MEETING SHALL BE POSTED NO LATER
THAN FIVE DAYS FOLLOWING THE MEETING OF THE BOARD. ANY MEETING SUMMARIES
AND ACTIONS TAKEN SHALL BE POSTED ON THE BOARD OF REGENTS WEBSITE WITHIN
FIVE DAYS OF APPROVAL BY THE  BOARD. INFORMATION POSTED ON THE BOARD  OF
REGENTS  WEBSITE SHALL REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM
OF TEN YEARS.
  4. IF ANY REGENT SHALL FAIL  TO  ATTEND  THREE  CONSECUTIVE  MEETINGS,
WITHOUT  EXCUSE ACCEPTED AS SATISFACTORY BY THE REGENTS, THAT REGENT MAY
BE DEEMED TO HAVE RESIGNED AND THE REGENTS SHALL THEN REPORT THE VACANCY
TO THE LEGISLATURE WHICH SHALL FILL IT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.