|SAME AS||No Same As|
|COSPNSR||Finch, Raia, Stec, Palmesano, Giglio, Goodell, Lupinacci, Brabenec, Blankenbush, Friend, DiPietro|
|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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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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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. LBD03324-01-7A. 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 preceding31 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; andA. 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.