Senate Bill S6791

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

                                  6791

                            I N  S E N A T E

                             March 11, 2014
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the regents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 202 of the education law, as amended by chapter 296
of the laws of 1984, subdivision 1 as amended by chapter 547 of the laws
of  1993,  subdivisions  2,  3, and 4 as designated and subdivision 5 as
added by chapter 892 of the laws of 1985, is amended to read as follows:
  S 202. Regents.  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.
  2. (A) ANY INDIVIDUAL SEEKING OFFICE AS  A  MEMBER  OF  THE  BOARD  OF
REGENTS SHALL SUBMIT TO THE CHAIRS OF THE EDUCATION AND HIGHER EDUCATION
COMMITTEES OF THE SENATE AND ASSEMBLY A DOCUMENT DISCLOSING:
  (1) PERSONAL AND PROFESSIONAL EXPERIENCE RELEVANT TO THE POST;
  (2) EACH FINANCIAL INTEREST, DIRECT OR INDIRECT OF HIMSELF OR HERSELF,
HIS OR HER SPOUSE AND HIS OR HER UNEMANCIPATED CHILDREN UNDER THE AGE OF
EIGHTEEN  YEARS  IN ANY ACTIVITY WHICH IS SUBJECT TO THE JURISDICTION OF
THE DEPARTMENT OR NAME OF THE ENTITY IN WHICH THE INTEREST IS  HELD  AND
WHETHER SUCH INTEREST IS OVER OR UNDER FIVE THOUSAND DOLLARS IN VALUE.
  (3)  EVERY  OFFICE  AND  DIRECTORSHIP HELD BY HIM OR HER IN ANY CORPO-
RATION, FIRM OR ENTERPRISE WHICH IS SUBJECT TO THE JURISDICTION  OF  THE
DEPARTMENT  OR  WHICH DOES BUSINESS WITH AN INSTITUTION WHICH IS SUBJECT
TO THE JURISDICTION OF THE DEPARTMENT, INCLUDING THE NAME OF SUCH CORPO-
RATION, FIRM OR ENTERPRISE.
  (4) ANY OTHER INTEREST OR RELATIONSHIP WHICH HE OR SHE  DETERMINES  IN
HIS  OR  HER DISCRETION MIGHT REASONABLY BE EXPECTED TO BE IN THE PUBLIC
INTEREST AND SHOULD BE DISCLOSED.
  (B) ANY INDIVIDUAL SEEKING OFFICE AS A MEMBER OF THE BOARD OF  REGENTS
SHALL  BE FINGERPRINTED FOR THE USE OF INFORMATION DERIVED FROM SEARCHES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14203-01-4
              

S. 6791                             2

OF THE RECORDS OF THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  AND  THE
FEDERAL BUREAU OF INVESTIGATION.
  3. NO PERSON SHALL SERVE AS A MEMBER OF THE BOARD OF REGENTS UNLESS HE
OR  SHE IS A CITIZEN OF THE UNITED STATES AND HAS BEEN A RESIDENT OF THE
STATE OF NEW YORK FOR FIVE YEARS.
  4. 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.  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.
  [2.]  5.  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.
  [3.]  6.  There  shall  be  no  "ex-officio"  members  of the board of
regents.
  [4.] 7. No [person] REGENT, OR THEIR SPOUSE, shall:
  (A) be at the same time a regent of  the  university  and  a  trustee,
president, principal or any other officer of an institution belonging to
the university;
  (B)  MAKE  POLITICAL  CONTRIBUTIONS  TO  ANY  LOCAL, STATE, OR FEDERAL
CAMPAIGN;
  (C) MAKE ANY POLITICAL ENDORSEMENTS FOR ANY CANDIDATE  SEEKING  LOCAL,
STATE, OR FEDERAL OFFICE; OR
  (D)  HOLD A POLITICAL OFFICE OR SERVE AS A POLITICAL PARTY CHAIRMAN AS
DEFINED IN PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE  OF
THE PUBLIC OFFICERS LAW.
  [5.]  8.  (a) Every regent, on and after December fifteenth and before
the following January fifteenth, in  each  year,  shall  file  with  the

S. 6791                             3

secretary  of  the  senate  and with the clerk of the assembly a written
statement of
  (1) each financial interest, direct or indirect of himself or herself,
his or her spouse and his or her unemancipated children under the age of
eighteen  years  in any activity which is subject to the jurisdiction of
the education department or name of the entity in which the interest  is
had  and whether such interest is over or under five thousand dollars in
value.
  (2) every office and directorship held by him or  her  in  any  corpo-
ration,  firm  or enterprise which is subject to the jurisdiction of the
education department or which does business with an institution which is
subject to the jurisdiction of the education department,  including  the
name of such corporation, firm or enterprise.
  (3)  any  other interest or relationship which he or she determines in
his or her discretion might reasonably be expected to be in  the  public
interest and should be disclosed.
  (b)  On  or  before January thirty-first in each year the secretary of
the senate and the clerk of the assembly shall jointly prepare a  report
containing the statements required to be filed pursuant to paragraph (a)
of  this  subdivision.  Copies  of  such  report shall be open to public
inspection in the office of the secretary of the senate and the clerk of
the assembly. The senate and assembly may jointly adopt rules to  imple-
ment the provisions of this subdivision.
  S 2. This act shall take effect immediately.