S T A T E   O F   N E W   Y O R K
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                                 2246--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens. LAVALLE, LARKIN, MARCHIONE, MURPHY, SERINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Higher Education -- recommitted to the Committee on High-
  er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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
SEVENTEEN.   COMMENCING ON APRIL FIRST,  TWO  THOUSAND  SEVENTEEN,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03377-02-6
              

S. 2246--A                          2

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
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

S. 2246--A                          3

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
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

S. 2246--A                          4

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
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.