The New York State Senate

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

                                  3308

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

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:

  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.  Each regent
shall be elected by the legislature  by  concurrent  resolution  in  the
preceding  March, on or before the [first] SECOND Tuesday of such month.
[If, however, the legislature fails to agree on such  concurrent  resol-
ution 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

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

                                                           LBD08353-01-9

S. 3308                             2

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]  THE  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  legislature  fails  to  agree  on such concurrent resolution within
three legislative 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, howev-
er,  that  if  the vacancy occur after the adoption by either house of a
resolution to adjourn sine die OR THE SECOND TUESDAY IN MARCH, then  the
vacancy  shall  be  filled at the next session of the legislature in the
manner prescribed in the preceding paragraph.
  § 2. This act shall take effect immediately.