STATE OF NEW YORK
________________________________________________________________________
7269
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to SUNY trustee's partic-
ipation and voting at board meetings by means of electronic communi-
cation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 226-a
2 to read as follows:
3 § 226-a. Trustee's participation and voting by means of electronic
4 communications. 1. A board of trustees may: (a) Implement reasonable
5 measures to provide trustees not physically present at a board meeting a
6 reasonable opportunity to participate in the proceedings of the meeting
7 substantially concurrently with such proceedings; and
8 (b) Provide reasonable measures to enable trustees to vote or grant
9 proxies with respect to matters submitted to the trustees at a board
10 meeting by means of electronic communication; provided that the board
11 shall, if applicable (i) implement reasonable measures to verify that
12 each person deemed present and permitted to vote at the meeting by means
13 of electronic communication is a trustee of record and (ii) keep a
14 record of any vote or other action taken by a trustee participating and
15 voting by means of electronic communications at a board meeting. A trus-
16 tee participating in a board meeting by this means is deemed to be pres-
17 ent in person at such meeting.
18 2. Nothing in subdivision one of this section shall limit, restrict or
19 supersede other forms of voting and participation in such trustee board
20 meetings.
21 3. For purposes of this section, "reasonable measures" with respect to
22 participating in proceedings shall include, but shall not be limited to,
23 audio webcast or other broadcast of the meeting and for voting shall
24 include, but shall not be limited to, telephonic and internet voting.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10930-03-9