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first year of his incumbency, subject to approval by the State Board of Regents, shall fix and determine the salaries of all deputies, appointees and employees within the appropriations made therefor and in accordance with existing laws. The Board of Regents of the University shall have power to establish such rules and regulations as are necessary to carry into effect the statutes of this State relating to education, and, subject to the provisions and limitations of this act, shall also possess all the powers now exercised by the present State Board of Regents. Nothing in this act shall be construed to affect the powers of the Board of Regents in relation to colleges, universities, professional and technical schools, libraries (other than public school libraries), museums, university extension courses and similar agencies.

§ 5 Of appropriations. All appropriations of public money made in support of the common school system, as heretofore administered by the State Superintendent of Public Instruction, and all such appropriations in aid of secondary education heretofore apportioned and certified by the Regents of the University, shall after certification by the Commissioner of Education herein created, be paid by the State Treasurer on the warrant of the Comptroller, and all employees and appointees in either the Department of the Regents or Department of Public Instruction shall be eligible for transfer and appointment to positions in the office of the Commissioner of Education herein created.

§ 6 All acts and parts of acts so far as inconsistent with this act are hereby repealed.

§ 7 This act shall take effect immediately.

UNIVERSITY LAW

Laws of New York 1892, ch. 378, as amended to October 1, 1905

An act to revise and consolidate the laws relating to the University of the State of New York

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

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14 Extension of educational facilities 15 State Library; how constituted 16 Manuscripts and records "on file" 17 Use

18 Book appropriation

19 Duplicate department

20 Transfers from state officers

21 Other libraries owned by the state 22 State Museum; how constituted 23 Collections made by the staff 24 Institutions in the University 25 Visitation and reports

26 Apportionment of state money 27 Charters

28 Provisional charters

29 Change of name or chaiter
30 Dissolution and rechartering
31 Suspension of operations
32 Conditions of incorporation
33 Prohibitions

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University law

Meaning in this law of: academies;

college;

University;
Regents;

State Superintendent;

higher education;

trustees

To promote higher education; inspect institutions; administer property and funds

Governed by 23 Regents

Mode of electing

§ 1 Short title. This chapter shall be known as the University law.

§ 2 Definitions. As used in this chapter,

I Academies are incorporated schools for instruction in higher branches of education, but not authorized to confer degrees, and such high schools, academic departments in union schools and similar unincorporated schools as are admitted by the Regents to the University as of academic grades.

2 The term college includes universities and other institutions for higher education authorized to confer degrees.

3 University means University of the State of New York.

4 Regents means Board of Regents of the University of the State of New York.

5 State Superintendent means State Superintendent of Public Instruction.

6 Higher education means education in advance of common elementary branches, and includes the work of academies, colleges, universities, professional and technical schools and educational work connected with libraries, museums, university extension. courses and similar agencies.

7 The term trustees includes directors, managers, or other similar members of the governing board of an educational institution. $3 Corporate name and objects. The corporation created in 1784 under the name of Regents of the University of the State of New York shall continue and be known as University of the State of New York. Its objects shall be to encourage and promote higher education, to visit and inspect its several institutions and departments, to distribute or expend or administer for them such property and funds as the state may appropriate therefor or as the University may own or hold in trust or otherwise, and to perform such other duties as may be intrusted to it.

See also p. 3, Constitution art. 9, $2.

1§ 4 Regents. The University shall be governed and all its corporate powers exercised by 19 elective Regents, and by the Governor, Lieutenant Governor, Secretary of State, and Superintendent of Public Instruction, who shall be ex officio Regents. In case of the death, resignation, refusal to act or removal from the state, of an elective Regent, his successor shall be chosen by the Legislature in the manner provided by law for the election of senators in Congress, except that the election may take place at such time.

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during the session of the Legislature as it may determine.

No

person shall be at the same time an elective Regent of the University and a trustee, president, principal, or any other officer Noneligibility of any institution belonging to the University.

Must be at least nine Regents. See p. 3, Constitution art. 9, $2

cers chosen

term of office

1S 5 Officers. The elective officers of the University shall be a Elective offiChancellor and a Vice Chancellor who shall serve without salary, by ballot; a Secretary, and such other officers as are deemed necessary by the Regents, all of whom shall be chosen by ballot by the Regents and shall hold office during their pleasure; but no election, removal or change of salary of any elective officer shall be made by less than 10 votes in favor thereof. Each Regent and each elective Regents and officer shall, before entering on his duties, take and file with the take oath of Secretary of State the oath of office required of state officers.

officers must

office

Chancellor; of

lor and senior

The Chancellor shall preside at all convocations and at all meet- Duties of ings of the Regents, confer all degrees which they shall authorize, Vice Chanceland fix the time and place of all special meetings. In his absence Regent; or inability to act, the Vice Chancellor, or if he be also absent, the senior Regent present shall perform all the duties and have all the powers of the Chancellor.

The Secretary shall be responsible for the safe-keeping and of Secretary proper use of the University seal and of the books, records, and other property in charge of the Regents, and for the proper administration and discipline of its various offices and departments, and shall give an undertaking to be approved by and filed with Secretary's the State Comptroller, in the sum of $10,000 for the faithful dis- $10,000 charge of his duties. He may appoint, subject to the confirma- May appoint tion of the Chancellor, a deputy to exercise temporarily any specified powers of the Secretary in his absence.

For form, time and place of filing and effect of failure to file official oath, see Public officers law, 1892, §10, 13, 20; L. 1894, ch.403.

bond of

deputy

ings fixed by

ings

§6 Meetings and absences. In addition to the annual meetings Annual meetfor which the time and place shall be fixed by ordinance of the ordinance Regents, the Chancellor shall call a meeting as often as the busi- Special meetness of the University shall require, or on written request of any five Regents; and at least 10 days' notice of every meeting shall be Three abmailed to the usual address of each Regent. If any Regent shall sences make fail to attend three consecutive meetings, without written excuse, accepted as satisfactory by the Regents not later than the third consecutive meeting from which he has been absent, he shall be

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vacancy

6 a quorum

May hear proofs

May make or alter rules

Restriction

State Library,

deemed to have resigned, and the Regents shall promptly report the vacancy to the Legislature, which shall fill it as provided. in §4.

187 Quorum. Six Regents attending shall be a quorum for the transaction of business.

§ 8 Authority of Regents to take testimony. The Regents, or any committee thereof, may take testimony or hear proofs in any manner relating to their official duties, or in any matter which they may lawfully investigate.

Code of civil procedure, §843, 854-59, in connection with this section authorizes Regents or any committee thereof to issue subpoenas, administer oaths and compel attendance of witnesses.

§ 9 Bylaws, ordinances and rules. The Regents may, as they deem advisable in conformity to law, make, alter, suspend or repeal any bylaws, ordinances, rules and resolutions for the accomplishment of the trusts reposed in them, but no such bylaw, ordinance or rule shall modify in any degree the freedom of the governing body of any seminary for the training of priests or clergymen to determine and regulate the entire course of religious, doctrinal or theological instruction to be given in such institution. No bylaw, ordinance or rule by which more than a majority vote shall be required for any specified action by the Regents shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder. [As amended by laws of 1895, ch.577]

§ 10 Departments and their government. The State Library other Univer- and State Museum shall be departments of the University, and the

Museum, and

sity dep'ts

under exclusive control of Regents

Regents may establish such other departments as they deem necessary to discharge the duties imposed on them by law. All University departments shall be under exclusive control of the Regents who shall have all powers of trustees thereof, including authority to appoint all needed officers and employees; to fix their titles, duties, salaries and terms of service; to make all needed Regents may regulations; and to buy, sell, exchange or receive by will, gift or on deposit, articles or collections properly pertaining thereto; to maintain lectures connected with higher education in this state, and to lend to or deposit permanently with other institutions books, specimens or other articles in their custody which, because of being duplicates or for other reasons, will in the judgment of the Regents be more useful in said institutions than if retained in the original collections at Albany.

maintain lec

tures; buy, sell, receive, lend or de

posit articles

1As amended by laws of 1905, chapter 161.

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