A00891 Summary:

BILL NOA00891
 
SAME ASNo Same As
 
SPONSORKolb (MS)
 
COSPNSRFinch, Raia, Stec, Palmesano, Giglio, Goodell, Brabenec, Blankenbush, Friend, DiPietro, Walsh, Miller B, Manktelow, Ashby, Miller ML, LiPetri, Reilly
 
MLTSPNSRMcDonough
 
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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A00891 Actions:

BILL NOA00891
 
01/14/2019referred to education
01/08/2020referred to education
07/14/2020held for consideration in education
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A00891 Committee Votes:

EDUCATION Chair:Benedetto DATE:07/14/2020AYE/NAY:23/6 Action: Held for Consideration
BenedettoAyeWalshNay
EnglebrightAyeMcDonoughExcused
ArroyoAyeLawrenceNay
MagnarelliAyeMillerNay
PaulinAyeMikulinNay
RamosAyeMalliotakisNay
O'DonnellAyeDiPietroExcused
LiftonAyeKolbNay
KimAye
RyanAye
MosleyAye
OtisAye
SeawrightAye
JaffeeAye
HyndmanAye
BronsonAye
SimonAye
Jean-PierreAye
D'UrsoAye
TaylorAye
DickensAye
JoynerAye
BichotteAye

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A00891 Floor Votes:

There are no votes for this bill in this legislative session.
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A00891 Text:



 
                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.
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