Provides that all members of the board of regents shall be elected by concurrent resolution of the legislature on the second Tuesday of March, regardless if such election is to fill the expired term of a regent or to fill the unexpired term of a regent.
STATE OF NEW YORK
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2750
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to election of the
members of the board 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 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, nineteen
15 hundred ninety-four, each regent shall be elected for a term of five
16 years, each such term to expire on the first day of April. Each regent
17 shall be elected by the legislature by concurrent resolution in the
18 preceding March, on or before the [first] second Tuesday of such month.
19 [If, however, the legislature fails to agree on such concurrent resol-
20 ution by the first Tuesday of such month, then the two houses shall meet
21 in joint session at noon on the second Tuesday of such month and proceed
22 to elect such regent by joint ballot.]
23 2. All vacancies in such office, either for full or unexpired terms,
24 shall be so filled that there shall always be in the membership of the
25 board of regents at least one resident of each of the judicial
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08034-01-7
S. 2750 2
1 districts. A vacancy in the office of regent for other cause than expi-
2 ration of term of service shall be filled for the unexpired term [by an
3 election at the session of the legislature immediately following such
4 vacancy in the manner prescribed in the preceding paragraph, unless the
5 legislature is in session when such vacancy occurs, in which case the
6 vacancy shall be filled] by [such] the legislature in the manner
7 prescribed in the preceding paragraph, [except as hereinafter provided.
8 However, if such vacancy occurs after the second Tuesday in March and
9 before a resolution to adjourn sine die has been adopted by either
10 house, then the vacancy shall be filled by concurrent resolution, unless
11 the legislature fails to agree on such concurrent resolution within
12 three legislative days after its passage by one house, in which case the
13 two houses shall meet in joint session at noon on the next legislative
14 day and proceed to elect such regent by joint ballots;] provided, howev-
15 er, that if the vacancy occur after the adoption by either house of a
16 resolution to adjourn sine die or the second Tuesday in March, then the
17 vacancy shall be filled at the next session of the legislature in the
18 manner prescribed in the preceding paragraph.
19 § 2. This act shall take effect immediately.
