Bill Text: NY A08389 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the election of regents.

Spectrum: Partisan Bill (Republican 20-1)

Status: (Introduced - Dead) 2014-05-29 - held for consideration in education [A08389 Detail]

Download: New_York-2013-A08389-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8389
                                 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 -- Multi-Sponsored by -- M. of A. CERETTO, THIELE -- 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:
    1    Section 1. Subdivisions 1 and 2 of section 202 of the  education  law,
    2  subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
    3  sion  2  as amended by chapter 296 of the laws of 1984 and as designated
    4  by chapter 892 of the laws of 1985, are amended to read as follows:
    5    1. The University of the State of New York shall be governed  and  all
    6  its corporate powers exercised by a board of regents the number of whose
    7  members  shall  at  all times be [four more than the number of the then]
    8  THIRTEEN, ONE REPRESENTING EACH existing judicial  [districts]  DISTRICT
    9  of the state [and shall not be less than fifteen.  The regents in office
   10  April  first,  nineteen  hundred  seventy-four shall hold office, in the
   11  order of their election, for such times that the term of one such regent
   12  will expire in each year on the first day  of  April.  Commencing  April
   13  first, nineteen hundred seventy-four, each regent shall be elected for a
   14  term  of  seven  years,  each  such  term  to expire on the first day of
   15  April]. Commencing on April first, nineteen  hundred  ninety-four,  each
   16  regent  shall  be  elected  for  a term of five years, each such term to
   17  expire on the first day of April.   COMMENCING  ON  JANUARY  FIRST,  TWO
   18  THOUSAND FIFTEEN, EACH REGENT SHALL BE ELECTED FOR A TERM OF FOUR YEARS,
   19  EACH  SUCH  TERM  TO  EXPIRE  ON  THE THIRTY-FIRST DAY OF DECEMBER. Each
   20  regent shall be elected [by the legislature by concurrent resolution  in
   21  the  preceding March, on or before the first Tuesday of such month.  If,
   22  however, the legislature fails to agree on such concurrent resolution by
   23  the first Tuesday of such month, then the two houses shall meet in joint
   24  session at noon on the second Tuesday of such month and proceed to elect
   25  such regent by joint ballot] AT A GENERAL ELECTION HELD IN NOVEMBER.
   26    2. All vacancies in such office, either for full or  unexpired  terms,
   27  shall  be  so filled that there shall always be in the membership of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13270-02-4
       A. 8389                             2
    1  board of  regents  at  least  one  resident  of  each  of  the  judicial
    2  districts.  A vacancy in the office of regent for other cause than expi-
    3  ration of term of service shall be filled for the unexpired term by [an]
    4  A  SPECIAL  election  [at  the  session  of  the legislature immediately
    5  following such vacancy in the manner prescribed in the  preceding  para-
    6  graph, unless the legislature is in session when such vacancy occurs, in
    7  which case the vacancy shall be filled by such legislature in the manner
    8  prescribed  in  the preceding paragraph, except as hereinafter provided.
    9  However, if such vacancy occurs after the second Tuesday  in  March  and
   10  before  a  resolution  to  adjourn  sine  die has been adopted by either
   11  house, then the vacancy shall be filled by concurrent resolution, unless
   12  the legislature fails to agree  on  such  concurrent  resolution  within
   13  three legislative days after its passage by one house, in which case the
   14  two  houses  shall meet in joint session at noon on the next legislative
   15  day and proceed to elect such regent by joint ballots; provided,  howev-
   16  er,  that  if  the vacancy occur after the adoption by either house of a
   17  resolution to adjourn sine die, then the vacancy shall be filled at  the
   18  next  session of the legislature in the manner prescribed in the preced-
   19  ing paragraph] THAT  MUST  BE  CALLED  BY  THE  GOVERNOR  TO  FILL  SUCH
   20  POSITION.  THE  BOARD  MEMBERS  SHALL  RECEIVE  AN  ANNUAL SALARY OF ONE
   21  HUNDRED THOUSAND DOLLARS.
   22    S 2. Section 203 of the education law is amended to read as follows:
   23    S 203. [Officers.  The elective officers of the university shall be  a
   24  chancellor  and  a  vice-chancellor  who shall serve without salary, and
   25  such other officers as are deemed necessary by the regents, all of  whom
   26  shall  be  chosen  by ballot by the regents and] CHANCELLOR. THE REGENTS
   27  SHALL CHOOSE BY BALLOT FROM THE THIRTEEN MEMBERS OF THE REGENTS A  CHAN-
   28  CELLOR  WHO  shall hold office during their pleasure; [but] no election,
   29  removal or change of salary of [an elective officer] A CHANCELLOR  shall
   30  be  made by less than six votes in favor thereof.  Each regent [and each
   31  elective officer] shall, before entering on his OR HER duties, take  and
   32  file  with  the  secretary of state the oath of office required of state
   33  officers.  THE CHANCELLOR SHALL RECEIVE AN ANNUAL FORTY THOUSAND  DOLLAR
   34  STIPEND.
   35    The  chancellor  shall preside at all convocations and at all meetings
   36  of the regents, and confer all degrees which they shall authorize.    In
   37  his  OR  HER absence or inability to act[, the vice-chancellor, or if he
   38  be also absent,] the senior regent  present[,]  shall  perform  all  the
   39  duties and have all the powers of the chancellor.
   40    S 3. This act shall take effect immediately.
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