S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3915
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by M. of A. RA -- read once and referred to the Committee on
         Education
       AN ACT to amend the education  law  and  the  public  officers  law,  in
         relation to the board of regents of the university of the state of New
         York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 2 of section 202 of the  education  law,
    2  subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
    3  sion  2  as amended by chapter 296 of the laws of 1984 and designated by
    4  chapter 892 of the laws of 1985, are amended to read as follows:
    5    1. The University of the State of New York shall be governed  and  all
    6  its corporate powers exercised by a board of regents the number of whose
    7  members  shall  at  all  times  be four more than the number of the then
    8  existing judicial districts of the state and  shall  not  be  less  than
    9  fifteen.   [The regents in office April first, nineteen hundred seventy-
   10  four shall hold office, in the order of their election, for  such  times
   11  that  the  term of one such regent will expire in each year on the first
   12  day of April.] Commencing April first,  nineteen  hundred  seventy-four,
   13  each  regent  shall be elected for a term of seven years, each such term
   14  to expire on the first day of April. Commencing on April first, nineteen
   15  hundred ninety-four, each regent shall be elected for  a  term  of  five
   16  years,  each  such term to expire on the first day of April.  REGENTS IN
   17  OFFICE MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, WHOSE TERMS  EXPIRE  ON
   18  APRIL  FIRST,  TWO  THOUSAND FIFTEEN SHALL HOLD OFFICE UNTIL THEIR TERMS
   19  ARE FILLED AS PROVIDED IN THIS SUBDIVISION.  COMMENCING APRIL FIRST, TWO
   20  THOUSAND FIFTEEN, EACH REGENT SHALL BE ELECTED TO A TERM OF FIVE  YEARS,
   21  EACH  SUCH  TERM TO EXPIRE ON THE LAST DAY OF JUNE. Each regent shall be
   22  elected by the legislature by concurrent resolution  [in  the  preceding
   23  March,  on  or before the first Tuesday of such month.  If, however, the
   24  legislature fails to agree on such concurrent resolution  by  the  first
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04365-01-5
       A. 3915                             2
    1  Tuesday  of  such month, then the two houses shall meet in joint session
    2  at noon on the second Tuesday of such month and proceed  to  elect  such
    3  regent  by joint ballot] ON THE THIRD TUESDAY IN MAY, PROVIDED, HOWEVER,
    4  THAT  SUCH  ELECTION  SHALL  BE HELD ON THE SECOND TUESDAY IN MAY IF THE
    5  SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE CERTI-
    6  FY NO LATER THAN MARCH FIRST THAT  SUCH  ELECTION  WOULD  CONFLICT  WITH
    7  RELIGIOUS  OBSERVANCES.    SUCH  ELECTION  SHALL BE FROM A LIST OF THREE
    8  NAMES SUBMITTED BY THE COMMISSION ON REGENT  NOMINATION  NOT  LESS  THAN
    9  THIRTY  DAYS  PRIOR  TO  THE  DATE CHOSEN FOR THE ELECTION. THE STANDING
   10  COMMITTEES ON EDUCATION AND HIGHER EDUCATION OF THE SENATE AND  ASSEMBLY
   11  SHALL  CONDUCT  PUBLIC HEARINGS ON THE NOMINEES SUBMITTED BY THE COMMIS-
   12  SION AT WHICH NOMINEES SHALL HAVE THE OPPORTUNITY TO BE HEARD, AND SHALL
   13  FORWARD TO THE FULL MEMBERSHIP OF EACH HOUSE ONE NAME FOR EACH SEAT  FOR
   14  WHICH  NOMINEES  WERE SUBMITTED.  WHEN THE TERM OF THE REGENT SERVING AS
   15  CHANCELLOR SHALL EXPIRE AND SUCH REGENT IS NOMINATED FOR  ANOTHER  TERM,
   16  THE  EDUCATION AND HIGHER EDUCATION COMMITTEES SHALL CONSIDER SUCH NOMI-
   17  NEE'S RECORD OF SERVICE AS CHANCELLOR  AS  WELL  AS  HIS  SERVICE  AS  A
   18  REGENT.
   19    2.  All  vacancies in such office, either for full or unexpired terms,
   20  shall be so filled that there shall always be in the membership  of  the
   21  board  of  regents  at  least  one  resident  of  each  of  the judicial
   22  districts.  A vacancy in the office of regent for other cause than expi-
   23  ration of term of service shall be filled for the unexpired term  by  an
   24  election  at  the  session of the legislature immediately following such
   25  vacancy in the manner prescribed in the preceding paragraph, unless  the
   26  legislature  is  in  session when such vacancy occurs, in which case the
   27  vacancy shall be filled by such legislature in the manner prescribed  in
   28  the  preceding  paragraph,  except as hereinafter provided. However, [if
   29  such vacancy occurs after the second  Tuesday  in  March  and  before  a
   30  resolution  to  adjourn  sine die has been adopted by either house, then
   31  the vacancy shall be filled by concurrent resolution, unless the  legis-
   32  lature  fails to agree on such concurrent resolution within three legis-
   33  lative days after its passage by one house, in which case the two houses
   34  shall meet in joint session at noon on  the  next  legislative  day  and
   35  proceed  to elect such regent by joint ballots; provided, however, that]
   36  if the vacancy occur after the adoption by either house of a  resolution
   37  to  adjourn  sine  die,  then  the  vacancy  shall be filled at the next
   38  session of the legislature in the manner  prescribed  in  the  preceding
   39  paragraph.
   40    S 2.  Section 203 of the education law is amended to read as follows:
   41    S  203.  Officers. The [elective officers of the university shall be a
   42  chancellor and a vice-chancellor who shall  serve  without  salary,  and
   43  such other officers as are deemed necessary by the regents, all of whom]
   44  UNIVERSITY  SHALL BE PRESIDED OVER BY A CHANCELLOR AND A VICE-CHANCELLOR
   45  WHO SHALL BE DESIGNATED FROM AMONG THE MEMBERS OF THE BOARD  OF  REGENTS
   46  BY  THE  GOVERNOR  WITH THE ADVICE AND CONSENT OF THE SENATE. THEY SHALL
   47  SERVE WITHOUT SALARY. ADDITIONALLY, SUCH OTHER OFFICERS  AS  ARE  DEEMED
   48  NECESSARY  BY  THE  REGENTS shall be chosen by ballot by the regents and
   49  shall hold office during their pleasure; but  no  election,  removal  or
   50  change  of salary of an elective officer shall be made by [less than six
   51  votes]  A VOTE OF LESS THAN A MAJORITY OF THE MEMBERS OF  THE  BOARD  OF
   52  REGENTS  in  favor thereof. Each regent and each elective officer shall,
   53  before entering on his duties, take and file with the secretary of state
   54  the oath of office required of state officers.
   55    The chancellor shall preside at all convocations and at  all  meetings
   56  of  the  regents, and confer all degrees which they shall authorize.  In
       A. 3915                             3
    1  his absence or inability to act, the vice-chancellor, or if he  be  also
    2  absent, the senior regent present, shall perform all the duties and have
    3  all the powers of the chancellor.
    4    S 3. Section 204 of the education law is amended to read as follows:
    5    S  204.   Meetings and absences.   The regents may provide for regular
    6  meetings, and the chancellor, or the commissioner [of education], or any
    7  five regents, may at any time call a special meeting  of  the  board  of
    8  regents  and  fix  the  time  and place therefor; and at least ten days'
    9  notice of every meeting shall be mailed to the  usual  address  of  each
   10  regent.   MEETINGS OF THE BOARD OF REGENTS SHALL BE GOVERNED BY SECTIONS
   11  ONE HUNDRED THROUGH ONE HUNDRED ELEVEN OF THE PUBLIC OFFICERS LAW RELAT-
   12  ING TO OPEN MEETINGS. A VERBATIM TRANSCRIPT OF  EACH  MEETING  SHALL  BE
   13  MAINTAINED.  If  any regent shall fail to attend three consecutive meet-
   14  ings, without excuse accepted as satisfactory by the regents, he may  be
   15  deemed to have resigned and the regents shall then report the vacancy to
   16  the legislature, which shall fill it.
   17    S 4. Section 205 of the education law is amended to read as follows:
   18    S  205.   Quorum.  [Seven] A MAJORITY OF THE regents [attending] shall
   19  be a quorum for the transaction of business.
   20    S 5. The education law is amended by adding a  new  section  206-a  to
   21  read as follows:
   22    S  206-A.  LOCAL  PUBLIC  HEARINGS.  NOTWITHSTANDING THE PROVISIONS OF
   23  SECTION TWO HUNDRED SIX OF THIS ARTICLE, EACH REGENT  SHALL  CONDUCT  AT
   24  LEAST  ONE  PUBLIC  HEARING EACH YEAR IN HIS OR HER JUDICIAL DISTRICT TO
   25  SOLICIT PUBLIC COMMENT ON ISSUES RELEVANT TO THE BOARD'S ROLE IN SETTING
   26  EDUCATION POLICY IN THE STATE. REGENTS ELECTED AT-LARGE MAY CONDUCT SUCH
   27  HEARINGS AT ANY LOCATION WITHIN THE STATE. EACH REGENT  SHALL  SUBMIT  A
   28  REPORT TO THE BOARD ON SUCH HEARING.
   29    S  6.  The  education  law is amended by adding a new section 206-b to
   30  read as follows:
   31    S 206-B. EDUCATION ADVISORY COMMITTEES. THERE  IS  HEREBY  CREATED  IN
   32  EACH  JUDICIAL  DISTRICT  AN  EDUCATION  ADVISORY  COMMITTEE TO ACTIVELY
   33  ASSIST AND ADVISE THE REGENT REPRESENTING THAT JUDICIAL DISTRICT IN  THE
   34  ANALYSIS  AND  DEVELOPMENT  OF  EDUCATION POLICY IN NEW YORK STATE. EACH
   35  COMMITTEE SHALL BE BROADLY REPRESENTATIVE OF THE EDUCATION COMMUNITY AND
   36  SHALL CONSIST OF NOT LESS THAN ELEVEN MEMBERS WHO SHALL BE RESIDENTS  OF
   37  THE  JUDICIAL  DISTRICT.  THE  INITIAL MEMBERS OF THE ADVISORY COMMITTEE
   38  SHALL INCLUDE A REPRESENTATIVE APPOINTED BY THE NEW YORK STATE  CONGRESS
   39  OF PARENTS AND TEACHERS, NEW YORK STATE UNITED TEACHERS, NATIONAL EDUCA-
   40  TION ASSOCIATION OF NEW YORK, COUNCIL OF SCHOOL SUPERINTENDENTS, CONFER-
   41  ENCE  OF  BIG  FIVE  SCHOOL DISTRICTS, NEW YORK LIBRARY ASSOCIATION, NEW
   42  YORK STATE CATHOLIC CONFERENCE, UNITED FEDERATION OF TEACHERS,  BUSINESS
   43  COUNCIL  OF  NEW YORK, SCHOOL BOARDS ASSOCIATION, AND THE ASSOCIATION OF
   44  COLLEGES AND UNIVERSITIES OF THE STATE OF NEW YORK. THE ADVISORY COMMIT-
   45  TEE MAY BE EXPANDED AS NECESSARY TO INCORPORATE OTHER INTERESTS  IN  THE
   46  ANALYSIS  AND  DEVELOPMENT  OF EDUCATION POLICY IN NEW YORK STATE. ADDI-
   47  TIONALLY, EACH MEMBER OF THE SENATE AND ASSEMBLY MAY APPOINT ONE  MEMBER
   48  WHO SHALL BE A RESIDENT OF THE JUDICIAL DISTRICT IN WHICH THE SENATOR OR
   49  ASSEMBLY  MEMBER  LIVES.   EACH ADVISORY COMMITTEE MEMBER SHALL SERVE AT
   50  THE PLEASURE OF THE LEGISLATOR OR ENTITY WHICH DESIGNATED IT.
   51    MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION. THE  REGENT
   52  FROM THAT JUDICIAL DISTRICT SHALL SERVE AS CHAIR OF THE ADVISORY COMMIT-
   53  TEE.
   54    EACH  COMMITTEE  SHALL  MEET AT LEAST TWICE EACH YEAR. AT LEAST THIRTY
   55  DAYS NOTICE OF EACH MEETING SHALL BE GIVEN BY  THE  CHAIR.  SUCH  NOTICE
   56  SHALL  CONTAIN  THE  TIME  AND PLACE OF THE PUBLIC MEETING. THE CHAIR OF
       A. 3915                             4
    1  EACH COMMITTEE SHALL SUBMIT A REPORT ANNUALLY ON THE WORK OF THE COMMIT-
    2  TEE TO THE BOARD OF REGENTS AND TO THE LEGISLATURE.
    3    S  7. The education law is amended by adding a new section 200 to read
    4  as follows:
    5    S 200. DEFINITIONS. 1. FOR THE PURPOSE OF THIS ARTICLE, THE  FOLLOWING
    6  TERMS SHALL HAVE THE  FOLLOWING MEANINGS:
    7    (A) "COMMISSION" MEANS THE COMMISSION ON REGENT NOMINATION.
    8    (B) "CANDIDATE" MEANS A PERSON WHO IS ELIGIBLE TO SERVE AS A MEMBER OF
    9  THE BOARD OF REGENTS AND (1) WHO HAS REQUESTED THE COMMISSION TO CONSID-
   10  ER HIS QUALIFICATIONS TO SERVE ON SUCH BOARD; OR (2) WHO HAS BEEN RECOM-
   11  MENDED  FOR CONSIDERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING
   12  A COMMUNITY OR PROFESSIONAL ORGANIZATION; OR (3) WHO HAS  AGREED  TO  BE
   13  CONSIDERED BY THE COMMISSION AT THE COMMISSION'S REQUEST.
   14    2.  ORGANIZATION  OF  THE COMMISSION. (A) A COMMISSION ON REGENT NOMI-
   15  NATION IS HEREBY ESTABLISHED. THE  COMMISSION  SHALL  CONSIST  OF  EIGHT
   16  MEMBERS  OF  WHOM TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
   17  TWO BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO BY THE MINORITY LEADER
   18  OF THE SENATE, AND TWO BY THE MINORITY LEADER OF THE ASSEMBLY. NO MEMBER
   19  OF THE COMMISSION SHALL HOLD OR HAVE HELD ANY ELECTED PUBLIC OFFICE  FOR
   20  WHICH  HE  OR  SHE  RECEIVES  COMPENSATION  DURING  HIS OR HER PERIOD OF
   21  SERVICE. NO MEMBER OF THE COMMISSION SHALL HOLD ANY OFFICE IN ANY  POLI-
   22  TICAL  PARTY. NO MEMBER OF THE COMMISSION SHALL BE ELIGIBLE FOR APPOINT-
   23  MENT TO THE BOARD OF REGENTS DURING THE MEMBER'S PERIOD  OF  SERVICE  OR
   24  WITHIN ONE YEAR THEREAFTER. THE MEMBERS OF THE COMMISSION SHALL BE RESI-
   25  DENTS OF THE STATE.
   26    (B)  THE  MEMBERS  FIRST  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE
   27  SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE RESPECTIVELY  TWO-YEAR
   28  AND  FOUR-YEAR  TERMS  AS  THE  APPOINTING  OFFICER SHALL DESIGNATE. THE
   29  MEMBERS FIRST APPOINTED BY THE MINORITY LEADER OF THE SENATE SHALL  HAVE
   30  ONE-YEAR AND THREE-YEAR TERMS, RESPECTIVELY. THE MEMBERS FIRST APPOINTED
   31  BY  THE  MINORITY  LEADER  OF  THE  ASSEMBLY  SHALL  HAVE  ONE-YEAR  AND
   32  THREE-YEAR TERMS, RESPECTIVELY. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR
   33  A TERM OF FOUR YEARS.
   34    (C) A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON  THE  APPOINT-
   35  MENT OR ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR
   36  HER  FOR  APPOINTMENT  TO,  OR  MEMBERSHIP ON, THE COMMISSION. A VACANCY
   37  OCCURRING FOR ANY REASON OTHER THAN  BY  EXPIRATION  OF  TERM  SHALL  BE
   38  FILLED  BY  THE  APPOINTING  OFFICER  FOR THE REMAINDER OF THE UNEXPIRED
   39  TERM.
   40    (D) THE MEMBERS SHALL DESIGNATE ONE OF THEIR NUMBER TO SERVE AS CHAIR-
   41  MAN FOR A PERIOD OF TWO YEARS OR  UNTIL  HIS  TERM  OF  OFFICE  EXPIRES,
   42  WHICHEVER PERIOD IS SHORTER.
   43    (E)  EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
   44  HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE  OF  HIS  OR
   45  HER DUTIES.
   46    (F) SIX MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
   47    3.  FUNCTIONS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIDER AND
   48  EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR ELECTION TO THE  BOARD  OF
   49  REGENTS  AND,  AS  EACH  TERM EXPIRES OR A VACANCY OCCURS ON SUCH BOARD,
   50  SHALL RECOMMEND TO THE LEGISLATURE THREE PERSONS WHO BY THEIR CHARACTER,
   51  TEMPERAMENT, PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED  TO
   52  SERVE ON SUCH BOARD.
   53    (B)  A RECOMMENDATION TO THE LEGISLATURE SHALL REQUIRE THE CONCURRENCE
   54  OF SIX MEMBERS OF THE COMMISSION. THE RECOMMENDATIONS SHALL BE TRANSMIT-
   55  TED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE  ASSEM-
   56  BLY,  THE  MINORITY  LEADER OF THE SENATE AND THE MINORITY LEADER OF THE
       A. 3915                             5
    1  ASSEMBLY IN A SINGLE WRITTEN REPORT  WHICH  SHALL  BE  RELEASED  TO  THE
    2  PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO THE LEGISLATURE.
    3  THE  REPORT  SHALL BE IN WRITING, SIGNED ONLY BY THE CHAIRMAN, AND SHALL
    4  INCLUDE  THE  COMMISSION'S  FINDINGS  RELATING TO THE CHARACTER, TEMPER-
    5  AMENT, PROFESSIONAL APTITUDE, EXPERIENCE, QUALIFICATIONS AND FITNESS FOR
    6  OFFICE OF EACH CANDIDATE WHO IS RECOMMENDED TO THE LEGISLATURE.
    7    (C) NO PERSON SHALL BE RECOMMENDED TO  THE  LEGISLATURE  WHO  HAS  NOT
    8  CONSENTED  TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED BY
    9  A QUORUM OF THE MEMBERSHIP OF THE COMMISSION, AND WHO HAS  NOT  FILED  A
   10  FINANCIAL  STATEMENT  WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY
   11  THE COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A SWORN  STATE-
   12  MENT  OF THE PERSON'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY
   13  OTHER RELEVANT FINANCIAL INFORMATION WHICH THE COMMISSION  MAY  REQUIRE.
   14  THE  COMMISSION  SHALL TRANSMIT TO THE TEMPORARY PRESIDENT OF THE SENATE
   15  AND THE SPEAKER OF THE ASSEMBLY THE FINANCIAL STATEMENT  FILED  BY  EACH
   16  PERSON  WHO  IS RECOMMENDED. THE FINANCIAL STATEMENT FILED BY THE PERSON
   17  WHO IS APPOINTED TO FILL A  VACANCY  SHALL  BE  MADE  AVAILABLE  TO  THE
   18  PUBLIC.  THE FINANCIAL STATEMENTS FILED BY ALL OTHER PERSONS RECOMMENDED
   19  TO THE LEGISLATURE, BUT NOT ELECTED TO THE BOARD OF  REGENTS,  SHALL  BE
   20  CONFIDENTIAL.
   21    (D)  IN  CONSIDERING WHETHER TO RECOMMEND A CANDIDATE FOR SERVICE AS A
   22  REGENT, THE COMMISSION SHALL CONSIDER WHETHER  THE  CANDIDATE'S  PROFES-
   23  SIONAL  INTERESTS  MIGHT  CREATE  A  CONFLICT OF INTEREST OR WHETHER THE
   24  BOARD'S ABILITY TO MAINTAIN A QUORUM FOR ACTION ON  BUSINESS  BEFORE  IT
   25  MIGHT BE IN JEOPARDY IF THE MEMBER ABSTAINED FROM VOTING.
   26    4.  ADDITIONAL  FUNCTIONS OF THE COMMISSION. THE COMMISSION SHALL HAVE
   27  THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   28    (A) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
   29  FIED FOR SERVICE ON THE BOARD OF REGENTS,  OTHER  THAN  THOSE  WHO  HAVE
   30  REQUESTED  CONSIDERATION  OR WHO HAVE BEEN RECOMMENDED FOR CONSIDERATION
   31  BY OTHERS, ARE ENCOURAGED TO AGREE TO BE CONSIDERED BY THE COMMISSION.
   32    (B) REQUIRE THE APPEARANCE OF ANY CANDIDATE BEFORE  IT  AND  INTERVIEW
   33  ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
   34    (C)  COMMUNICATE WITH THE LEGISLATURE CONCERNING THE QUALIFICATIONS OF
   35  ANY PERSON WHOM IT HAS RECOMMENDED FOR SERVICE ON THE BOARD OF REGENTS.
   36    (D) THE COMMISSION MAY APPOINT, AND AT PLEASURE REMOVE, A COUNSEL  AND
   37  SUCH  OTHER  STAFF  AS  IT  MAY REQUIRE FROM TIME TO TIME, AND PRESCRIBE
   38  THEIR POWERS AND DUTIES. THE COMMISSION SHALL FIX  THE  COMPENSATION  OF
   39  ITS  STAFF  AND  PROVIDE  FOR REIMBURSEMENT OF THEIR EXPENSES WITHIN THE
   40  AMOUNTS APPROPRIATED BY LAW.
   41    (E) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
   42  FUNCTIONS PURSUANT TO THIS ARTICLE.
   43    5.  RULES  OF  THE COMMISSION. (A) THE COMMISSION SHALL ADOPT, AND MAY
   44  AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
   45    (B) RULES OF THE COMMISSION SHALL BE FILED WITH THE SECRETARY OF STATE
   46  AND SHALL BE PUBLISHED IN THE OFFICIAL COMPILATION OF CODES,  RULES  AND
   47  REGULATIONS  OF  THE STATE. UPON REQUEST OF ANY PERSON, THE SECRETARY OF
   48  STATE SHALL FURNISH A COPY OF THE COMMISSION'S RULES WITHOUT CHARGE.
   49    (C) RULES OF THE COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES  TO
   50  BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
   51    (D)  RULES OF THE COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION BY
   52  THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
   53  OF A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE  FOR
   54  THE  VACANCY FOR WHICH HE WAS CONSIDERED, EXCEPT WITH THE CONCURRENCE OF
   55  NINE MEMBERS OF THE COMMISSION.
       A. 3915                             6
    1    S 8. Subdivision 1 of section 215-a of the education law,  as  amended
    2  by chapter 44 of the laws of 2000, is amended to read as follows:
    3    1.  The  regents  of  the  university  of  the state of New York shall
    4  prepare and submit to the  governor,  the  temporary  president  of  the
    5  senate, and the speaker of the assembly, not later than the first day of
    6  January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
    7  teen  hundred  ninety-one and the fifteenth day of February of each year
    8  thereafter, a report concerning the schools of the state which shall set
    9  forth with respect to the  preceding  school  year:  enrollment  trends;
   10  indicators  of  student  achievement  in  reading, writing, mathematics,
   11  science and  vocational  courses;  graduation,  college  attendance  and
   12  employment  rates;  such  other indicators of student performance as the
   13  regents shall determine; information concerning teacher and  administra-
   14  tor  preparation, turnover, in-service education and performance; infor-
   15  mation concerning school library expenditures and school  library  media
   16  specialist  employment;  expenditure  per pupil on regular education and
   17  expenditure per pupil on special education and such other information as
   18  requested by the governor, the temporary president of the senate, or the
   19  speaker of the assembly. To the extent practicable, all such information
   20  shall be displayed on both a statewide and individual district basis and
   21  by racial/ethnic group and gender. The regents are authorized to require
   22  school districts, boards of cooperative educational services and nonpub-
   23  lic schools to provide such information as is necessary to  prepare  the
   24  report.  In  preparing  the report, the regents shall consult with other
   25  interested parties, including  local  school  districts,  teachers'  and
   26  faculty organizations, school administrators, parents and students.  THE
   27  EDUCATION  AND  HIGHER  EDUCATION  COMMITTEES OF THE SENATE AND ASSEMBLY
   28  SHALL CONDUCT AT LEAST ONE  PUBLIC  HEARING  AT  WHICH  THE  CHANCELLOR,
   29  COMMISSIONER,  AND  OTHER  MEMBERS OF THE BOARD OF REGENTS SHALL DISCUSS
   30  AND DEFEND THE REPORT.
   31    S 9. The education law is amended by adding a  new  section  215-e  to
   32  read as follows:
   33    S  215-E.  MEETINGS  WITH  THE  LEGISLATURE. EACH REGENT SHALL MEET AT
   34  LEAST ONCE EACH YEAR WITH THE MEMBERS OF THE SENATE  AND  ASSEMBLY  FROM
   35  HIS OR HER REGION OF THE STATE. IN ADDITION, ANY COMMITTEE OR SUBCOMMIT-
   36  TEE OF THE BOARD OF REGENTS SHALL MEET AT LEAST ANNUALLY WITH THE CHAIRS
   37  OF THE APPROPRIATE STANDING COMMITTEES OF THE SENATE AND ASSEMBLY.
   38    S  10.  The  temporary  president of the senate and the speaker of the
   39  assembly shall commission an independent management study of the  organ-
   40  ization of the board of regents and the state education department. Such
   41  study  shall  include recommendations on reorganization and streamlining
   42  the department of education and on the scope of responsibilities of  the
   43  board  of  regents, and shall be presented to the temporary president of
   44  the senate and the speaker of the assembly no later than July 1, 2016.
   45    S 11. The public officers law is amended by adding a new section  32-a
   46  to read as follows:
   47    S  32-A.  REMOVAL  OF  MEMBERS OF THE BOARD OF REGENTS. MEMBERS OF THE
   48  BOARD OF REGENTS MAY BE REMOVED AS PROVIDED HEREIN  BY  THE  LEGISLATURE
   49  FOR  MISCONDUCT OR MALVERSATION IN OFFICE. NO SUCH REMOVAL SHALL BE MADE
   50  UNLESS THE PERSON WHO IS SOUGHT TO BE REMOVED  SHALL  HAVE  BEEN  SERVED
   51  WITH A COPY OF THE CHARGES AGAINST HIM OR HER AND HAVE AN OPPORTUNITY OF
   52  BEING HEARD. THE SENATE AND ASSEMBLY SHALL HAVE POWER TO MAKE SUCH JOINT
   53  RULES  AS  THEY  MAY  SEE  FIT FOR THE PRACTICE BEFORE THEM. AT THE TIME
   54  APPOINTED FOR THE INVESTIGATION,  THE  EDUCATION  AND  HIGHER  EDUCATION
   55  COMMITTEES  OF THE SENATE AND ASSEMBLY SHALL PROCEED TO HEAR AND TRY THE
   56  CHARGES AGAINST SUCH OFFICER, AND MAY TAKE PROOFS IN RELATION THERETO.
       A. 3915                             7
    1    ANY RECOMMENDATION FOR REMOVAL SHALL REQUIRE A VOTE OF  TWO-THIRDS  OF
    2  THE  MEMBERS  OF  THE  EDUCATION  AND HIGHER EDUCATION COMMITTEES OF THE
    3  SENATE AND ASSEMBLY. SUCH RECOMMENDATION SHALL BE APPROVED IF TWO-THIRDS
    4  OF ALL THE MEMBERS ELECTED TO THE SENATE AND ASSEMBLY SHALL CONCUR THER-
    5  EIN.  ON  THE QUESTION OF REMOVAL, THE YEAS AND NAYS SHALL BE ENTERED ON
    6  THE JOURNAL.
    7    IF THE SENATE AND ASSEMBLY SHALL REJECT A  RECOMMENDATION  OF  REMOVAL
    8  THE  SECRETARY  OF  THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL, BY A
    9  WRITING SIGNED BY THEM AND BY THE PRESIDENT OF THE SENATE AND SPEAKER OF
   10  THE ASSEMBLY, COMMUNICATE THE FACT OF SUCH REJECTION TO THE  REGENT.  IF
   11  THE  SENATE  AND  ASSEMBLY  SHALL  CONCUR  IN  SUCH A RECOMMENDATION THE
   12  REMOVAL SHALL TAKE EFFECT UPON THE PASSAGE OF THE RESOLUTION OF  CONCUR-
   13  RENCE,  AND DUPLICATE COPIES OF SUCH RESOLUTION, CERTIFIED BY THE SECRE-
   14  TARY AND PRESIDENT OF THE SENATE AND THE CLERK AND SPEAKER OF THE ASSEM-
   15  BLY, SHALL BE EXECUTED AND DELIVERED BY SUCH SECRETARY TO THE REGENT AND
   16  THE CHANCELLOR OF THE BOARD OF REGENTS.
   17    S 12. This act shall take effect immediately.