S T A T E O F N E W Y O R K
________________________________________________________________________
6430--A
2023-2024 Regular Sessions
I N A S S E M B L Y
April 6, 2023
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Higher Education -- recommitted to the Committee on Higher
Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to providing the tempo-
rary president of the senate and the speaker of the assembly the abil-
ity to appoint members of the state university of New York's board of
trustees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 353 of the education law, as
amended by chapter 268 of the laws of 2011, is amended to read as
follows:
1. The state university shall be governed, and all of its corporate
powers exercised, by a board of trustees. Such board shall consist of
eighteen members, [fifteen] SEVEN of whom shall be appointed by the
governor [with the advice and consent of the senate] AND WHO SHALL NOT
BE AN EMPLOYEE OF, OR UNDER DIRECT SUPERVISION OF, THE GOVERNOR, FOUR OF
WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, FOUR
OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, one of whom
shall be the president of the student assembly of the state university,
ex-officio and voting, one of whom shall be the president of the univer-
sity faculty senate, ex-officio and non-voting, and one of whom shall be
the president of the faculty council of community colleges, ex-officio
and non-voting. Such ex-officio members shall be subject to every
provision of any general, special, or local law, ordinance, charter,
code, rule, or regulation applying to the voting members of such board
with respect to the discharge of their duties, including, but not limit-
ed to, those provisions setting forth codes of ethics, disclosure
requirements, and prohibiting business and professional activities. One
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09021-02-4
A. 6430--A 2
member of the board shall be designated by the governor as chairperson
and one as vice-chairperson. Of the members first appointed, two shall
be appointed for a term which shall expire on June thirtieth, nineteen
hundred fifty-two; one for a term which shall expire on June thirtieth,
nineteen hundred fifty-three; two for a term which shall expire on June
thirtieth, nineteen hundred fifty-four; one for a term which shall
expire on June thirtieth, nineteen hundred fifty-five; two for a term
which shall expire on June thirtieth, nineteen hundred fifty-six; one
for a term which shall expire on June thirtieth, nineteen hundred
fifty-seven; two for a term which shall expire on June thirtieth, nine-
teen hundred fifty-eight; one for a term which shall expire on June
thirtieth, nineteen hundred fifty-nine; two for a term which shall
expire on June thirtieth, nineteen hundred sixty; and one for a term
which shall expire on June thirtieth, nineteen hundred sixty-one. Vacan-
cies shall be filled for the unexpired term in the same manner as
original appointments ARE MADE PURSUANT TO THIS SUBDIVISION AND SUBDIVI-
SION ONE-A OF THIS SECTION. The term of office of each trustee
appointed on or after April first, nineteen hundred eighty-six shall be
seven years, except those of the student member and the faculty members.
Trustees shall receive no compensation for their services but shall be
reimbursed for their expenses actually and necessarily incurred by them
in the performance of their duties under this article.
§ 2. Section 353 of the education law is amended by adding a new
subdivision 1-a to read as follows:
1-A. THE APPOINTMENT OF MEMBERS OF SUCH BOARD BY THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL COMMENCE WHEN A VACANCY OCCURS FROM A
MEMBER APPOINTED BY THE GOVERNOR EITHER THROUGH THE EXPIRATION OF SUCH
MEMBER'S TERM, OR SEPARATION OF A MEMBER PRIOR TO AN EXPIRED TERM. IN
EITHER CASE, VACANCIES OF MEMBERS APPOINTED BY THE GOVERNOR SHALL BE
FILLED IN AN ALTERNATING MANNER BETWEEN THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY. THE FIRST SUCH VACANCY OF A
MEMBER APPOINTED BY THE GOVERNOR SHALL BE FILLED BY THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE NEXT SUCH VACANCY OF A MEMBER APPOINTED BY
THE GOVERNOR SHALL BE FILLED BY THE SPEAKER OF THE ASSEMBLY. SUCH
VACANCIES SHALL CONTINUE TO BE FILLED IN SUCH ALTERNATING MANNER UNTIL
SUCH TIME AS THE COMPOSITION OF SUCH BOARD REFLECTS THE NUMBER OF
APPOINTMENTS AUTHORIZED BY EACH APPOINTING AUTHORITY PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION. AFTER SUCH TIME, VACANCIES ON SUCH BOARD
SHALL BE FILLED BY THE APPOINTING AUTHORITY.
§ 3. This act shall take effect immediately.