S T A T E   O F   N E W   Y O R K
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                                   452

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  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 SIXTEEN, 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.
                                                           LBD02357-02-5
              

S. 452                              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.