S T A T E   O F   N E W   Y O R K
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                                  2146

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

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
MATTER  OF  EACH  SUCH  ITEM  AND SHALL BE POSTED AT LEAST THREE DAYS IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03588-02-5
              

S. 2146                             2

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.