S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6790--A
    Cal. No. 280

                            I N  S E N A T E

                             March 11, 2014
                               ___________

Introduced  by  Sens. LAVALLE, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules --  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN  ACT  to  amend  the  education  law,  in relation to the election of
  regents and the creation of the commission on regents

  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  as  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, TWO  THOUSAND
FIFTEEN.  COMMENCING  ON  APRIL FIRST, TWO THOUSAND FIFTEEN, EACH REGENT
SHALL BE ELECTED FOR A TERM OF FIVE YEARS, EACH SUCH TERM TO  EXPIRE  ON
THE  FIRST  DAY OF APRIL.  [Each regent shall be elected by the legisla-
ture 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.]
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14399-02-4

S. 6790--A                          2

board of  regents  at  least  one  resident  of  each  of  the  judicial
districts.    [A  vacancy  in  the office of regent for other cause than
expiration 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. The education law is amended by adding a  new  section  202-a  to
read as follows:
  S  202-A.  COMMISSION ON REGENTS.   1. ORGANIZATION OF THE COMMISSION.
(A) A COMMISSION  ON  REGENTS  NOMINATION  IS  HEREBY  ESTABLISHED.  THE
COMMISSION  SHALL CONSIST OF TEN MEMBERS OF WHOM FOUR SHALL BE APPOINTED
BY THE GOVERNOR, TWO EACH BY THE SPEAKER OF THE ASSEMBLY AND THE  TEMPO-
RARY PRESIDENT OF THE SENATE, AND ONE EACH BY THE MINORITY LEADER OF THE
SENATE  AND  THE  MINORITY  LEADER OF THE ASSEMBLY.  OF THE FOUR MEMBERS
APPOINTED BY THE GOVERNOR, NO MORE THAN TWO SHALL  BE  ENROLLED  IN  THE
SAME  POLITICAL  PARTY, TWO SHALL HAVE NO LESS THAN TEN YEARS EXPERIENCE
IN THE FIELD OF EDUCATION, NO MEMBER OF THE  COMMISSION  SHALL  HOLD  OR
HAVE  HELD  ANY  JUDICIAL  OFFICE  OR HOLD ANY ELECTED PUBLIC OFFICE FOR
WHICH HE RECEIVES COMPENSATION DURING HIS  PERIOD  OF  SERVICE,  AND  NO
MEMBER  OF  THE COMMISSION SHALL HOLD ANY OFFICE IN ANY POLITICAL PARTY.
THE MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
  (B) THE MEMBERS FIRST SHALL SERVE FOR A TWO YEAR TERM.
  (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
FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A  VACANCY  OCCUR-
RING  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
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS DUTIES.
  (F) EIGHT MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
  2. FUNCTIONS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIDER  AND
EVALUATE  THE  QUALIFICATIONS OF CANDIDATES FOR APPOINTMENT TO THE BOARD
OF REGENTS AND, AS A VACANCY OCCURS IN ANY SUCH OFFICE, SHALL  RECOMMEND
TO  THE  GOVERNOR  PERSONS  WHO BY THEIR CHARACTER, TEMPERAMENT, PROFES-
SIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO HOLD SUCH OFFICE.
  (B) FOR EACH VACANCY IN THE  OFFICE  OF  THE  BOARD  OF  REGENTS,  THE
COMMISSION  SHALL  RECOMMEND  TO THE GOVERNOR AT LEAST THREE PERSONS AND
NOT MORE THAN SEVEN PERSONS. SHOULD MORE THAN ONE VACANCY EXIST  AT  THE
SAME  TIME IN THE BOARD OF REGENTS, THE NUMBER OF PERSONS RECOMMENDED BY
THE COMMISSION TO THE GOVERNOR SHALL BE AT LEAST THREE BUT NO MORE  THAN

S. 6790--A                          3

SEVEN  PLUS  ONE  ADDITIONAL  PERSON FOR EACH ADDITIONAL VACANCY IN SUCH
OFFICE.
  (C)  A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF
EIGHT MEMBERS OF THE COMMISSION. THE  RECOMMENDATIONS  TO  THE  GOVERNOR
SHALL  BE  TRANSMITTED  TO THE GOVERNOR IN A SINGLE WRITTEN REPORT WHICH
SHALL BE RELEASED TO THE PUBLIC BY THE COMMISSION  AT  THE  TIME  IT  IS
SUBMITTED  TO  THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY
BY THE CHAIRMAN, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO
THE CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALI-
FICATIONS AND FITNESS FOR OFFICE OF EACH CANDIDATE WHO IS RECOMMENDED TO
THE GOVERNOR.
  (D)  NO  PERSON  SHALL  BE  RECOMMENDED  TO  THE  GOVERNOR 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 GOVERNOR  THE  FINANCIAL  STATEMENT
FILED  BY EACH PERSON WHO IS RECOMMENDED. THE GOVERNOR SHALL MAKE AVAIL-
ABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY THE  PERSON  WHO  IS
APPOINTED TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY ALL OTHER
PERSONS  RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM, SHALL BE
CONFIDENTIAL.
  3. 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 APPOINTMENT TO 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 GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
PERSON WHOM IT HAS RECOMMENDED TO THE GOVERNOR, AND COMMUNICATE WITH THE
SENATE AND THE ASSEMBLY CONCERNING  THE  QUALIFICATIONS  OF  THE  PERSON
APPOINTED BY THE GOVERNOR.
  4.  PROCEDURES WHEN VACANCIES OCCUR. (A) WHENEVER A VACANCY WILL OCCUR
IN THE BOARD OF REGENTS BY EXPIRATION OF TERM THE COMMISSION SHALL  MAKE
ITS  RECOMMENDATIONS  TO  THE  GOVERNOR  NO LATER THAN THIRTY DAYS AFTER
RECEIPT OF SUCH NOTICE. THE GOVERNOR SHALL  MAKE  HIS  APPOINTMENT  FROM
AMONG  THOSE PERSONS RECOMMENDED TO HIM BY THE COMMISSION NO SOONER THAN
FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER  RECEIPT  OF  THE  COMMIS-
SION'S RECOMMENDATIONS.
  (B)  WHENEVER  A  VACANCY  OCCURS AND THE SENATE AND THE ASSEMBLY HAVE
FINALLY ADJOURNED AND ARE NOT  IN  SESSION  TO  GIVE  THEIR  ADVICE  AND
CONSENT  TO AN APPOINTMENT TO FILL SUCH VACANCY, THE GOVERNOR SHALL MAKE
AN INTERIM APPOINTMENT FROM AMONG THOSE PERSONS RECOMMENDED  TO  HIM  BY
THE  COMMISSION.  AN INTERIM APPOINTMENT SHALL CONTINUE UNTIL THE SENATE
AND THE ASSEMBLY SHALL PASS THE GOVERNOR'S SELECTION. IF THE SENATE  AND
THE  ASSEMBLY  CONFIRM  AN  APPOINTMENT,  THE  REGENT SHALL SERVE A TERM
PROVIDED IN SECTION TWO HUNDRED TWO OF THIS PART,  COMMENCING  FROM  THE
DATE  OF  HIS INTERIM APPOINTMENT. IF THE SENATE AND THE ASSEMBLY REJECT
AN APPOINTMENT, A VACANCY IN THE OFFICE SHALL  OCCUR  SIXTY  DAYS  AFTER
SUCH REJECTION.
  (C)  (I) IF THE SENATE AND THE ASSEMBLY ARE IN SESSION AT THE TIME THE
GOVERNOR MAKES AN APPOINTMENT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS

S. 6790--A                          4

SECTION, EACH NOMINEE 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  CONCUR-
RENT  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.
  (II) WHENEVER THE GOVERNOR HAS MADE AN INTERIM APPOINTMENT PURSUANT TO
THIS  SUBDIVISION, HE SHALL COMMUNICATE ON THE FIRST DAY THAT THE SENATE
AND THE ASSEMBLY ARE IN SESSION FOLLOWING  THE  MAKING  OF  THE  INTERIM
APPOINTMENT,  A  WRITTEN  NOMINATION  TO  THE SENATE AND THE ASSEMBLY IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SEVEN OF THE  PUBLIC  OFFICERS
LAW.  THE  SENATE AND THE ASSEMBLY SHALL CONFIRM OR REJECT SUCH APPOINT-
MENT NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOMINATION FROM  THE
GOVERNOR.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.