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A02700 Summary:

BILL NOA02700
 
SAME ASNo Same As
 
SPONSORKolb
 
COSPNSRFinch, Raia, Stec, Palmesano, Giglio, Goodell, Lopez, Lupinacci, Brabenec, Blankenbush, Friend, DiPietro
 
MLTSPNSRCastorina, McDonough
 
Amd 202, add 207-b, Ed L
 
Relates to the election of regents; requires a two-thirds supermajority vote of the legislature to elect each regent; requires each of the 4 legislative leaders to appoint 1 regent at large; requires all regents candidates to be announced at least 21 days prior to vote and requires legislative approval for any board of regents rules or regulations that impose unfunded mandates on school districts.
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A02700 Actions:

BILL NOA02700
 
01/23/2017referred to education
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A02700 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2700
 
SPONSOR: Kolb (MS)
  TITLE OF BILL: An act to amend the education law, in relation to the election of regents   PURPOSE OR GENERAL IDEA OF BILL: Amends the process by which our New York State Regents are elected to the Board by requiring a two-thirds super majority vote in a joint session of the Legislature to elect each Regent representing the State's 13 judicial districts, requiring each of the four Legislative Leaders to appoint one regent at large and requiring all regent candidates to be announced 21 days prior to the vote. Also requires any changes by the State Board of Regents that impose an unfunded mandate on school districts to also be approved by the State Legislature and Governor prior to implementation.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Subdivision 1 and 2 of Section 202 of the Education Law to require a two-thirds super majority vote in a joint session of the Legislature to elect each Regent representing the State's 13 judicial districts, requires all regent candidates to be announced 21 days prior to the vote, and requires each of the four Legislative Leaders to appoint one Regent-at-large. Section 2 adds a new Section 207-b to the Education Law to require any changes by the State Board of Regents that impose an unfunded mandate on school districts to also be approved by the State Legislature and Gover- nor prior to implementation. Section 3 contains the effective date.   JUSTIFICATION: Requiring a two-thirds super majority vote of the Legislature to elect a Regent, providing for appointments by legislative leaders and requiring a minimum of 21 days to vet a candidate ensures a more transparent and less partisan process and will provide all legislators with a greater voice in the process. Opening this process to more scrutiny will lead to increased accountability for those persons who will be exercising legislative functions over the state education system and determining education policy. Unfunded mandates are one of the largest causes of property tax increases throughout our communities. By requiring Legislative & Gover- nor's approval of all Regent's proposals that will impose an unfunded mandate, our elected officials will have the opportunity to fully debate the merits of an initiative that will affect the taxpayers throughout their districts. It also opens the process to public discourse allowing those who will be implementing and/or affected by these mandates to weigh in prior to their implementation.   PRIOR LEGISLATIVE HISTORY: A.2754 (2015-16), Held in Education; A.5048 (2013-14), Motion to Discharge Lost; Held in Education; A.8820 (2012), Referred to Education.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A02700 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2700
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  KOLB,  FINCH, RAIA, STEC, PALMESANO, GIGLIO,
          GOODELL, LOPEZ, LUPINACCI, BRABENEC,  BLANKENBUSH,  FRIEND  --  Multi-
          Sponsored  by  --  M. of A. McDONOUGH -- read once and referred to the
          Committee on Education
 
        AN ACT to amend the education  law,  in  relation  to  the  election  of
          regents

          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 as designated
     4  by chapter 892 of the laws of 1985, are amended to read as follows:
     5    1. (a) The University of the State of New York shall be  governed  and
     6  all  its  corporate powers exercised by a board of regents the number of
     7  whose members shall at all times be four more than  the  number  of  the
     8  then 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  or  appointed  for  a
    16  term  of five years, each such term to expire on the first day of April.
    17  [Each] Commencing January first, two  thousand  seventeen,  each  regent
    18  representing  an  existing  judicial  district  shall  be elected by the
    19  legislature by concurrent resolution  in  the  preceding  March,  on  or
    20  before  the  first  Tuesday of such month.  If, however, the legislature
    21  fails to agree on such concurrent resolution by  the  first  Tuesday  of
    22  such  month,  then the two houses shall meet in joint session at noon on
    23  the second Tuesday of such  month  and  proceed  to  elect  such  regent
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03324-01-7

        A. 2700                             2
 
     1  representing an existing judicial district by a two-thirds supermajority
     2  vote by joint ballot.  All regents candidates must be announced publicly
     3  at least twenty-one days prior to the election by joint ballot.
     4    (b)  Commencing January first, two thousand seventeen, upon expiration
     5  of a full term or a vacancy in such office, the four regents not repres-
     6  enting an existing judicial district shall be appointed  in  such  order
     7  until all four offices are filled:
     8    (i)  one  regent  shall be appointed by the temporary president of the
     9  senate;
    10    (ii) one regent shall be appointed by the speaker of the assembly;
    11    (iii) one regent shall be appointed by  the  minority  leader  of  the
    12  senate;
    13    (iv)  one  regent  shall  be  appointed  by the minority leader of the
    14  assembly.
    15    (c) Vacancies in the office of one of the four regents appointed under
    16  this subdivision shall be filled in the  manner  provided  for  original
    17  appointment.  All  vacancies  in  such office after original appointment
    18  shall be filled so that there shall always be in the membership  of  the
    19  board  of regents at least one appointee by each of the four legislative
    20  leaders.
    21    2. All vacancies in such office, either for full or  unexpired  terms,
    22  shall  be  so filled that there shall always be in the membership of the
    23  board of  regents  at  least  one  resident  of  each  of  the  judicial
    24  districts.    A vacancy in the office of regent representing an existing
    25  judicial district for other cause than expiration  of  term  of  service
    26  shall  be filled for the unexpired term by an election at the session of
    27  the  legislature  immediately  following  such  vacancy  in  the  manner
    28  prescribed  in  the  preceding  paragraph,  unless the legislature is in
    29  session when such vacancy occurs, in which case  the  vacancy  shall  be
    30  filled  by  such  legislature in the manner prescribed in [the preceding
    31  paragraph] subdivision  one  of  this  section,  except  as  hereinafter
    32  provided.  However,  if  such vacancy occurs after the second Tuesday in
    33  March and before a resolution to adjourn sine die has  been  adopted  by
    34  either house, then the vacancy shall be filled by concurrent resolution,
    35  unless  the  legislature  fails  to  agree on such concurrent resolution
    36  within three legislative days after its passage by one house,  in  which
    37  case  the  two  houses  shall  meet in joint session at noon on the next
    38  legislative day and proceed to  elect  such  regent  by  joint  ballots;
    39  provided,  however,  that  if  the  vacancy  occur after the adoption by
    40  either house of a resolution to adjourn sine die, then the vacancy shall
    41  be filled  at  the  next  session  of  the  legislature  in  the  manner
    42  prescribed in the preceding paragraph.
    43    §  2.  The  education  law is amended by adding a new section 207-b to
    44  read as follows:
    45    § 207-b. Legislative approval for unfunded mandates.  1.  As  used  in
    46  this section, the following terms shall have the following meanings:
    47    (a)  "Net  additional cost" means the cost or costs incurred or antic-
    48  ipated to be incurred within a one year period by a school  district  in
    49  performing  or  administering  any  program,  project, or activity after
    50  subtracting therefrom any revenues received or receivable by such school
    51  district in relation to such program, project,  or  activity,  including
    52  but not limited to:
    53    (i) fees charged to the recipients of such program, project, or activ-
    54  ity;
    55    (ii)  state  or  federal  funds received for such program, project, or
    56  activity; and

        A. 2700                             3
 
     1    (iii) an offsetting savings resulting from the  diminution  or  elimi-
     2  nation  of  any  other  program,  project,  or  activity  that state law
     3  requires such school district to provide or undertake.
     4    (b) "Unfunded mandate" means:
     5    (i)  any rule or regulation that requires a school district to provide
     6  or undertake any new program, project or activity  that  results  in  an
     7  annual net additional cost to any school district in excess of ten thou-
     8  sand  dollars  or  an aggregate annual net additional cost to all school
     9  districts within the state in excess of one million dollars; or
    10    (ii) any rule or regulation that requires a school district to provide
    11  a higher level of service or funding for an existing program, project or
    12  activity that results in an annual net additional  cost  to  any  school
    13  district  in  excess  of ten thousand dollars or an aggregate annual net
    14  additional cost to all school districts within the state  in  excess  of
    15  one million dollars; or
    16    (iii)  any  rule  or  regulation  with  a legal requirement that would
    17  otherwise likely have the effect of raising property taxes in excess  of
    18  ten  thousand dollars in any school district or in excess of one million
    19  dollars statewide.
    20    2. Notwithstanding any other provision of law, no rule  or  regulation
    21  containing  an  unfunded mandate shall be adopted by the commissioner or
    22  the board of regents, except by a majority vote of the legislature.
    23    § 3. This act shall take effect immediately.
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