Provides that regents of the University of the state of New York in office March 31, 2016 shall hold office until June 30th of the year in which such term expires; also provides that commencing July 1, 2016 each regent shall be elected to a term of five years with each such term to expire on the last day of June and the election by the legislature to be held on or before the first Tuesday of May; also provides that if the legislature fails to agree on the election by the first Tuesday in May, then the legislature shall meet in joint session at noon on the third Tuesday in May to elect such regent by ballot; further provides that such election shall be held on the second Tuesday in May if the temporary president of the senate and the speaker of the assembly certify no later than March first that such election would conflict with religious observances.
STATE OF NEW YORK
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216--A
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the terms of office of
the regents of the University of the State of New York
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, subdivision
3 2 as amended by chapter 296 of the laws of 1984 and as designated by
4 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 existing judicial districts of the state and shall not be less than
9 fifteen. [The regents in office April first, nineteen hundred seventy-
10 four shall hold office, in the order of their election, for such times
11 that the term of one such regent will expire in each year on the first
12 day of April. Commencing April first, nineteen hundred seventy-four,
13 each regent shall be elected for a term of seven years, each such term
14 to expire on the first day of April.] Commencing on April first, nine-
15 teen hundred ninety-four, each regent shall be elected for a term of
16 five years, each such term to expire on the first day of April. Regents
17 in office March thirty-first, two thousand sixteen, shall hold office
18 until June thirtieth of the year in which such regents' term shall
19 expire. Commencing July first, two thousand sixteen, each regent shall
20 be elected to a term of five years, each such term to expire on the last
21 day of June. Each regent shall be elected by the legislature by concur-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00896-02-6
S. 216--A 2
1 rent resolution in the preceding [March] May, on or before the first
2 Tuesday of such month. If, however, the legislature fails to agree on
3 such concurrent resolution by the first Tuesday of [such month] May,
4 then the two houses shall meet in joint session at noon on the [second]
5 third Tuesday of [such month] May and proceed to elect such regent by
6 joint ballot, provided, however, that such election shall be held on the
7 second Tuesday in May if the temporary president of the senate and the
8 speaker of the assembly certify no later than March first that such
9 election would conflict with religious observances.
10 2. All vacancies in such office, either for full or unexpired terms,
11 shall be so filled that there shall always be in the membership of the
12 board of regents at least one resident of each of the judicial
13 districts. A vacancy in the office of regent for other cause than expi-
14 ration of term of service shall be filled for the unexpired term by an
15 election at the session of the legislature immediately following such
16 vacancy in the manner prescribed in the preceding paragraph, unless the
17 legislature is in session when such vacancy occurs, in which case the
18 vacancy shall be filled by such legislature in the manner prescribed in
19 the preceding paragraph, except as hereinafter provided. However, if
20 such vacancy occurs after the [second] third Tuesday in [March] May and
21 before a resolution to adjourn sine die has been adopted by either
22 house, then the vacancy shall be filled by concurrent resolution, unless
23 the legislature fails to agree on such concurrent resolution within
24 three legislative days after its passage by one house, in which case the
25 two houses shall meet in joint session at noon on the next legislative
26 day and proceed to elect such regent by joint ballots; provided, howev-
27 er, that if the vacancy [occur] occurs after the adoption by either
28 house of a resolution to adjourn sine die, then the vacancy shall be
29 filled at the next session of the legislature in the manner prescribed
30 in the preceding paragraph.
31 § 2. This act shall take effect immediately.
