S T A T E O F N E W Y O R K
________________________________________________________________________
5813
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. CONTE, BARRA, CALHOUN, CROUCH, RAIA, SCOZZAFAVA,
TEDISCO, KOLB -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES,
BARCLAY, BURLING, ERRIGO, FITZPATRICK, GIGLIO, JORDAN, McDONOUGH,
McKEVITT, MILLER, MOLINARO, OAKS, O'MARA, QUINN, RABBITT, SAYWARD,
THIELE, TOWNSEND, WALKER -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law and the public officers law, in
relation to the board of 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:
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 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
existing judicial districts 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. REGENTS IN
OFFICE MARCH THIRTY-FIRST, TWO THOUSAND TEN, WHOSE TERMS EXPIRE ON APRIL
FIRST, TWO THOUSAND TEN SHALL HOLD OFFICE UNTIL THEIR TERMS ARE FILLED
AS PROVIDED IN THIS SUBDIVISION. COMMENCING APRIL FIRST, TWO THOUSAND
TEN, EACH REGENT SHALL BE ELECTED TO A TERM OF FIVE YEARS, EACH SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04326-01-9
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TERM TO EXPIRE ON THE LAST DAY OF JUNE. 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 session at noon on
the second Tuesday of such month and proceed to elect such regent by
joint ballot] ON THE THIRD TUESDAY IN MAY, PROVIDED, HOWEVER, THAT SUCH
ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY IF THE SPEAKER OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE CERTIFY NO LATER
THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS OBSER-
VANCES. SUCH ELECTION SHALL BE FROM A LIST OF THREE NAMES SUBMITTED BY
THE COMMISSION ON REGENT NOMINATION NOT LESS THAN THIRTY DAYS PRIOR TO
THE DATE CHOSEN FOR THE ELECTION. THE STANDING COMMITTEES ON EDUCATION
AND HIGHER EDUCATION OF THE SENATE AND ASSEMBLY SHALL CONDUCT PUBLIC
HEARINGS ON THE NOMINEES SUBMITTED BY THE COMMISSION, AND SHALL FORWARD
TO THE FULL MEMBERSHIP OF EACH HOUSE ONE NAME FOR EACH SEAT FOR WHICH
NOMINEES WERE SUBMITTED. WHEN THE TERM OF THE REGENT SERVING AS CHAN-
CELLOR SHALL EXPIRE AND SUCH REGENT IS NOMINATED FOR ANOTHER TERM, THE
EDUCATION AND HIGHER EDUCATION COMMITTEES SHALL CONSIDER SUCH NOMINEE'S
RECORD OF SERVICE AS CHANCELLOR AS WELL AS HIS SERVICE AS A REGENT.
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
election at the session of the legislature immediately following such
vacancy in the manner prescribed in the preceding paragraph, 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 legis-
lature fails to agree on such concurrent resolution within three legis-
lative 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, however, 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 preceding
paragraph.
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]
UNIVERSITY SHALL BE PRESIDED OVER BY A CHANCELLOR AND A VICE-CHANCELLOR
WHO SHALL BE DESIGNATED FROM AMONG THE MEMBERS OF THE BOARD OF REGENTS
BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. THEY SHALL
SERVE WITHOUT SALARY. ADDITIONALLY, SUCH OTHER OFFICERS AS ARE DEEMED
NECESSARY BY THE REGENTS shall be chosen by ballot by the regents and
shall hold office during their pleasure; but no election, removal or
change of salary of an elective officer shall be made by [less than six
votes] A VOTE OF LESS THAN A MAJORITY OF THE MEMBERS OF THE BOARD OF
REGENTS in favor thereof. Each regent and each elective officer shall,
before entering on his duties, take and file with the secretary of state
the oath of office required of state officers.
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The chancellor shall preside at all convocations and at all meetings
of the regents, and confer all degrees which they shall authorize. In
his 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. Section 204 of the education law is amended to read as follows:
S 204. Meetings and absences. The regents may provide for regular
meetings, and the chancellor, or the commissioner [of education], or any
five regents, may at any time call a special meeting of the board of
regents and fix the time and place therefor; and at least ten days'
notice of every meeting shall be mailed to the usual address of each
regent. MEETINGS OF THE BOARD OF REGENTS SHALL BE GOVERNED BY SECTIONS
ONE HUNDRED THROUGH ONE HUNDRED ELEVEN OF THE PUBLIC OFFICERS LAW RELAT-
ING TO OPEN MEETINGS. A VERBATIM TRANSCRIPT OF EACH MEETING SHALL BE
MAINTAINED. If any regent shall fail to attend three consecutive meet-
ings, without excuse accepted as satisfactory by the regents, he may be
deemed to have resigned and the regents shall then report the vacancy to
the legislature, which shall fill it.
S 4. Section 205 of the education law is amended to read as follows:
S 205. Quorum. [Seven] A MAJORITY OF THE regents [attending] shall
be a quorum for the transaction of business.
S 5. The education law is amended by adding a new section 206-a to
read as follows:
S 206-A. LOCAL PUBLIC HEARINGS. NOTWITHSTANDING THE PROVISIONS OF
SECTION TWO HUNDRED SIX OF THIS ARTICLE, EACH REGENT SHALL CONDUCT AT
LEAST ONE PUBLIC HEARING EACH YEAR IN HIS OR HER JUDICIAL DISTRICT TO
SOLICIT PUBLIC COMMENT ON ISSUES RELEVANT TO THE BOARD'S ROLE IN SETTING
EDUCATION POLICY IN THE STATE. REGENTS ELECTED AT-LARGE MAY CONDUCT SUCH
HEARINGS AT ANY LOCATION WITHIN THE STATE. EACH REGENT SHALL SUBMIT A
REPORT TO THE BOARD ON SUCH HEARING.
S 6. The education law is amended by adding a new section 206-b to
read as follows:
S 206-B. EDUCATION ADVISORY COMMITTEES. THERE IS HEREBY CREATED IN
EACH JUDICIAL DISTRICT AN EDUCATION ADVISORY COMMITTEE TO ACTIVELY
ASSIST AND ADVISE THE REGENT REPRESENTING THAT JUDICIAL DISTRICT IN THE
ANALYSIS AND DEVELOPMENT OF EDUCATION POLICY IN NEW YORK STATE. EACH
COMMITTEE SHALL BE BROADLY REPRESENTATIVE OF THE EDUCATION COMMUNITY AND
SHALL CONSIST OF NOT LESS THAN ELEVEN MEMBERS WHO SHALL BE RESIDENTS OF
THE JUDICIAL DISTRICT. THE INITIAL MEMBERS OF THE ADVISORY COMMITTEE
SHALL INCLUDE A REPRESENTATIVE APPOINTED BY THE NEW YORK STATE CONGRESS
OF PARENTS AND TEACHERS, NEW YORK STATE UNITED TEACHERS, NATIONAL EDUCA-
TION ASSOCIATION OF NEW YORK, COUNCIL OF SCHOOL SUPERINTENDENTS, CONFER-
ENCE OF BIG FIVE SCHOOL DISTRICTS, NEW YORK LIBRARY ASSOCIATION, NEW
YORK STATE CATHOLIC CONFERENCE, UNITED FEDERATION OF TEACHERS, BUSINESS
COUNCIL OF NEW YORK, SCHOOL BOARDS ASSOCIATION, AND THE ASSOCIATION OF
COLLEGES AND UNIVERSITIES OF THE STATE OF NEW YORK. THE ADVISORY COMMIT-
TEE MAY BE EXPANDED AS NECESSARY TO INCORPORATE OTHER INTERESTS IN THE
ANALYSIS AND DEVELOPMENT OF EDUCATION POLICY IN NEW YORK STATE. ADDI-
TIONALLY, EACH MEMBER OF THE SENATE AND ASSEMBLY MAY APPOINT ONE MEMBER
WHO SHALL BE A RESIDENT OF THE JUDICIAL DISTRICT IN WHICH THE SENATOR OR
ASSEMBLY MEMBER LIVES. EACH ADVISORY COMMITTEE MEMBER SHALL SERVE AT
THE PLEASURE OF THE LEGISLATOR OR ENTITY WHICH DESIGNATED IT.
MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION. THE REGENT
FROM THAT JUDICIAL DISTRICT SHALL SERVE AS CHAIR OF THE ADVISORY COMMIT-
TEE.
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EACH COMMITTEE SHALL MEET AT LEAST TWICE EACH YEAR. AT LEAST THIRTY
DAYS NOTICE OF EACH MEETING SHALL BE GIVEN BY THE CHAIR. SUCH NOTICE
SHALL CONTAIN THE TIME AND PLACE OF THE PUBLIC MEETING. THE CHAIR OF
EACH COMMITTEE SHALL SUBMIT A REPORT ANNUALLY ON THE WORK OF THE COMMIT-
TEE TO THE BOARD OF REGENTS AND TO THE LEGISLATURE.
S 7. The education law is amended by adding a new section 211-e to
read as follows:
S 211-E. COMMISSION ON REGENT NOMINATION. 1. DEFINITIONS. FOR THE
PURPOSE OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "COMMISSION" MEANS THE COMMISSION ON REGENT NOMINATION.
(B) "CANDIDATE" MEANS A PERSON WHO IS ELIGIBLE TO SERVE AS A MEMBER OF
THE BOARD OF REGENTS AND (1) WHO HAS REQUESTED THE COMMISSION TO CONSID-
ER HIS QUALIFICATIONS TO SERVE ON SUCH BOARD; OR (2) WHO HAS BEEN RECOM-
MENDED FOR CONSIDERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING
A COMMUNITY OR PROFESSIONAL ORGANIZATION; OR (3) WHO HAS AGREED TO BE
CONSIDERED BY THE COMMISSION AT THE COMMISSION'S REQUEST.
2. ORGANIZATION OF THE COMMISSION. (A) A COMMISSION ON REGENT NOMI-
NATION IS HEREBY ESTABLISHED. THE COMMISSION SHALL CONSIST OF TWELVE
MEMBERS OF WHOM FOUR SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO BY THE MINORITY LEAD-
ER OF THE SENATE, AND TWO BY THE MINORITY LEADER OF THE ASSEMBLY. NO
MEMBER OF THE COMMISSION SHALL HOLD OR HAVE HELD ANY ELECTED PUBLIC
OFFICE FOR WHICH HE OR SHE RECEIVES COMPENSATION DURING HIS OR HER PERI-
OD OF SERVICE. NO MEMBER OF THE COMMISSION SHALL HOLD ANY OFFICE IN ANY
POLITICAL PARTY. NO MEMBER OF THE COMMISSION SHALL BE ELIGIBLE FOR
APPOINTMENT TO THE BOARD OF REGENTS DURING THE MEMBER'S PERIOD OF
SERVICE OR WITHIN ONE YEAR THEREAFTER. THE MEMBERS OF THE COMMISSION
SHALL BE RESIDENTS OF THE STATE.
(B) THE MEMBERS FIRST APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE RESPECTIVELY ONE, TWO,
THREE AND FOUR-YEAR TERMS AS THE APPOINTING OFFICER SHALL DESIGNATE. THE
MEMBERS FIRST APPOINTED BY THE MINORITY LEADER OF THE SENATE SHALL HAVE
TWO-YEAR AND FOUR-YEAR TERMS, RESPECTIVELY. THE MEMBERS FIRST APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY SHALL HAVE ONE-YEAR AND
THREE-YEAR TERMS, RESPECTIVELY. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR
A TERM OF FOUR YEARS.
(C) A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINT-
MENT OR ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR
HER FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A VACANCY
OCCURRING FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE
FILLED BY THE APPOINTING OFFICER FOR THE REMAINDER OF THE UNEXPIRED
TERM.
(D) THE MEMBERS SHALL DESIGNATE ONE OF THEIR NUMBER TO SERVE AS CHAIR-
MAN FOR A PERIOD OF TWO YEARS OR UNTIL HIS TERM OF OFFICE EXPIRES,
WHICHEVER PERIOD IS SHORTER.
(E) EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS OR
HER DUTIES.
(F) TEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
3. FUNCTIONS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIDER AND
EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR ELECTION TO THE BOARD OF
REGENTS AND, AS EACH TERM EXPIRES OR A VACANCY OCCURS ON SUCH BOARD,
SHALL RECOMMEND TO THE LEGISLATURE THREE PERSONS WHO BY THEIR CHARACTER,
TEMPERAMENT, PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO
SERVE ON SUCH BOARD.
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(B) A RECOMMENDATION TO THE LEGISLATURE SHALL REQUIRE THE CONCURRENCE
OF NINE MEMBERS OF THE COMMISSION. THE RECOMMENDATIONS SHALL BE TRANS-
MITTED TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY IN A SINGLE WRITTEN REPORT WHICH SHALL BE RELEASED TO THE
PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO THE LEGISLATURE.
THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE CHAIRMAN, AND SHALL
INCLUDE THE COMMISSION'S FINDINGS RELATING TO THE CHARACTER, TEMPER-
AMENT, PROFESSIONAL APTITUDE, EXPERIENCE, QUALIFICATIONS AND FITNESS FOR
OFFICE OF EACH CANDIDATE WHO IS RECOMMENDED TO THE LEGISLATURE.
(C) NO PERSON SHALL BE RECOMMENDED TO THE LEGISLATURE WHO HAS NOT
CONSENTED TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED BY
A QUORUM OF THE MEMBERSHIP OF THE COMMISSION, AND WHO HAS NOT FILED A
FINANCIAL STATEMENT WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY
THE COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A SWORN STATE-
MENT OF THE PERSON'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY
OTHER RELEVANT FINANCIAL INFORMATION WHICH THE COMMISSION MAY REQUIRE.
THE COMMISSION SHALL TRANSMIT TO THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY THE FINANCIAL STATEMENT FILED BY EACH
PERSON WHO IS RECOMMENDED. THE FINANCIAL STATEMENT FILED BY THE PERSON
WHO IS APPOINTED TO FILL A VACANCY SHALL BE MADE AVAILABLE TO THE
PUBLIC. THE FINANCIAL STATEMENTS FILED BY ALL OTHER PERSONS RECOMMENDED
TO THE LEGISLATURE, BUT NOT ELECTED TO THE BOARD OF REGENTS, SHALL BE
CONFIDENTIAL.
(D) IN CONSIDERING WHETHER TO RECOMMEND A CANDIDATE FOR SERVICE AS A
REGENT, THE COMMISSION SHALL CONSIDER WHETHER THE CANDIDATE'S PROFES-
SIONAL INTERESTS MIGHT CREATE A CONFLICT OF INTEREST OR WHETHER THE
BOARD'S ABILITY TO MAINTAIN A QUORUM FOR ACTION ON BUSINESS BEFORE IT
MIGHT BE IN JEOPARDY IF THE MEMBER ABSTAINED FROM VOTING.
4. ADDITIONAL FUNCTIONS OF THE COMMISSION. THE COMMISSION SHALL HAVE
THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
(A) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
FIED FOR SERVICE ON THE BOARD OF REGENTS, OTHER THAN THOSE WHO HAVE
REQUESTED CONSIDERATION OR WHO HAVE BEEN RECOMMENDED FOR CONSIDERATION
BY OTHERS, ARE ENCOURAGED TO AGREE TO BE CONSIDERED BY THE COMMISSION.
(B) REQUIRE THE APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
(C) COMMUNICATE WITH THE LEGISLATURE CONCERNING THE QUALIFICATIONS OF
ANY PERSON WHOM IT HAS RECOMMENDED FOR SERVICE ON THE BOARD OF REGENTS.
(D) THE COMMISSION MAY APPOINT, AND AT PLEASURE REMOVE, A COUNSEL AND
SUCH OTHER STAFF AS IT MAY REQUIRE FROM TIME TO TIME, AND PRESCRIBE
THEIR POWERS AND DUTIES. THE COMMISSION SHALL FIX THE COMPENSATION OF
ITS STAFF AND PROVIDE FOR REIMBURSEMENT OF THEIR EXPENSES WITHIN THE
AMOUNTS APPROPRIATED BY LAW.
(E) DO ALL OTHER THINGS NECESSARY AND CONVENIENT TO CARRY OUT ITS
FUNCTIONS PURSUANT TO THIS ARTICLE.
5. RULES OF THE COMMISSION. (A) THE COMMISSION SHALL ADOPT, AND MAY
AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
(B) RULES OF THE COMMISSION SHALL BE FILED WITH THE SECRETARY OF STATE
AND SHALL BE PUBLISHED IN THE OFFICIAL COMPILATION OF CODES, RULES AND
REGULATIONS OF THE STATE. UPON REQUEST OF ANY PERSON, THE SECRETARY OF
STATE SHALL FURNISH A COPY OF THE COMMISSION'S RULES WITHOUT CHARGE.
(C) RULES OF THE COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES TO
BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
(D) RULES OF THE COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION BY
THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
OF A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE FOR
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THE VACANCY FOR WHICH HE WAS CONSIDERED, EXCEPT WITH THE CONCURRENCE OF
NINE MEMBERS OF THE COMMISSION.
S 8. Subdivision 1 of section 215-a of the education law, as amended
by chapter 44 of the laws of 2000, is amended to read as follows:
1. The regents of the university of the state of New York shall
prepare and submit to the governor, the temporary president of the
senate, and the speaker of the assembly, not later than the first day of
January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
teen hundred ninety-one and the fifteenth day of February of each year
thereafter, a report concerning the schools of the state which shall set
forth with respect to the preceding school year: enrollment trends;
indicators of student achievement in reading, writing, mathematics,
science and vocational courses; graduation, college attendance and
employment rates; such other indicators of student performance as the
regents shall determine; information concerning teacher and administra-
tor preparation, turnover, in-service education and performance; infor-
mation concerning school library expenditures and school library media
specialist employment; expenditure per pupil on regular education and
expenditure per pupil on special education and such other information as
requested by the governor, the temporary president of the senate, or the
speaker of the assembly. To the extent practicable, all such information
shall be displayed on both a statewide and individual district basis and
by racial/ethnic group and gender. The regents are authorized to require
school districts, boards of cooperative educational services and nonpub-
lic schools to provide such information as is necessary to prepare the
report. In preparing the report, the regents shall consult with other
interested parties, including local school districts, teachers' and
faculty organizations, school administrators, parents and students. THE
EDUCATION AND HIGHER EDUCATION COMMITTEES OF THE SENATE AND ASSEMBLY
SHALL CONDUCT AT LEAST ONE PUBLIC HEARING AT WHICH THE CHANCELLOR,
COMMISSIONER, AND OTHER MEMBERS OF THE BOARD OF REGENTS SHALL DISCUSS
AND DEFEND THE REPORT.
S 9. The education law is amended by adding a new section 215-d to
read as follows:
S 215-D. MEETINGS WITH THE LEGISLATURE. EACH REGENT SHALL MEET AT
LEAST ONCE EACH YEAR WITH THE MEMBERS OF THE SENATE AND ASSEMBLY FROM
HIS OR HER REGION OF THE STATE. IN ADDITION, ANY COMMITTEE OR SUBCOMMIT-
TEE OF THE BOARD OF REGENTS SHALL MEET AT LEAST ANNUALLY WITH THE CHAIRS
OF THE APPROPRIATE STANDING COMMITTEES OF THE SENATE AND ASSEMBLY.
S 10. The temporary president of the senate and the speaker of the
assembly shall commission an independent management study of the organ-
ization of the board of regents and the state education department. Such
study shall include recommendations on reorganization and streamlining
the department of education and on the scope of responsibilities of the
board of regents, and shall be presented to the temporary president of
the senate and the speaker of the assembly no later than July 1, 2010.
S 11. The public officers law is amended by adding a new section 32-a
to read as follows:
S 32-A. REMOVAL OF MEMBERS OF THE BOARD OF REGENTS. MEMBERS OF THE
BOARD OF REGENTS MAY BE REMOVED AS PROVIDED HEREIN BY THE LEGISLATURE
FOR MISCONDUCT OR MALVERSATION IN OFFICE. NO SUCH REMOVAL SHALL BE MADE
UNLESS THE PERSON WHO IS SOUGHT TO BE REMOVED SHALL HAVE BEEN SERVED
WITH A COPY OF THE CHARGES AGAINST HIM OR HER AND HAVE AN OPPORTUNITY OF
BEING HEARD. THE SENATE AND ASSEMBLY SHALL HAVE POWER TO MAKE SUCH JOINT
RULES AS THEY MAY SEE FIT FOR THE PRACTICE BEFORE THEM. AT THE TIME
APPOINTED FOR THE INVESTIGATION, THE EDUCATION AND HIGHER EDUCATION
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COMMITTEES OF THE SENATE AND ASSEMBLY SHALL PROCEED TO HEAR AND TRY THE
CHARGES AGAINST SUCH OFFICER, AND MAY TAKE PROOFS IN RELATION THERETO.
ANY RECOMMENDATION FOR REMOVAL SHALL REQUIRE A VOTE OF TWO-THIRDS OF
THE MEMBERS OF THE EDUCATION AND HIGHER EDUCATION COMMITTEES OF THE
SENATE AND ASSEMBLY. SUCH RECOMMENDATION SHALL BE APPROVED IF TWO-THIRDS
OF ALL THE MEMBERS ELECTED TO THE SENATE AND ASSEMBLY SHALL CONCUR THER-
EIN. ON THE QUESTION OF REMOVAL, THE YEAS AND NAYS SHALL BE ENTERED ON
THE JOURNAL.
IF THE SENATE AND ASSEMBLY SHALL REJECT A RECOMMENDATION OF REMOVAL
THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL, BY A
WRITING SIGNED BY THEM AND BY THE PRESIDENT OF THE SENATE AND SPEAKER OF
THE ASSEMBLY, COMMUNICATE THE FACT OF SUCH REJECTION TO THE REGENT. IF
THE SENATE AND ASSEMBLY SHALL CONCUR IN SUCH A RECOMMENDATION THE
REMOVAL SHALL TAKE EFFECT UPON THE PASSAGE OF THE RESOLUTION OF CONCUR-
RENCE, AND DUPLICATE COPIES OF SUCH RESOLUTION, CERTIFIED BY THE SECRE-
TARY AND PRESIDENT OF THE SENATE AND THE CLERK AND SPEAKER OF THE ASSEM-
BLY, SHALL BE EXECUTED AND DELIVERED BY SUCH SECRETARY TO THE REGENT AND
THE CHANCELLOR OF THE BOARD OF REGENTS.
S 12. This act shall take effect immediately.