Finch, Raia, Stec, Palmesano, Giglio, Goodell, Brabenec, Blankenbush, Friend, DiPietro, Walsh,
Miller B, Manktelow, Ashby, Miller ML, LiPetri, Reilly
 
MLTSPNSR
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.
STATE OF NEW YORK
________________________________________________________________________
891
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. KOLB, FINCH, RAIA, STEC, PALMESANO, GIGLIO,
GOODELL, BRABENEC, BLANKENBUSH, FRIEND, DiPIETRO -- 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 nineteen, 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.
LBD04208-01-9
A. 891 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 nineteen, 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. 891 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.