S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    891
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivisions 1 and 2 of section 202 of the education law,
 subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
 sion 2 as amended by chapter 296 of the laws of 1984 and  as  designated
 by chapter 892 of the laws of 1985, are amended to read as follows:
   1.  (A)  The University of the State of New York shall be governed and
 all its corporate powers exercised by a board of regents the  number  of
 whose  members  shall  at  all times be four more than the number of the
 then existing judicial districts of the state and shall not be less than
 fifteen.  The regents in office April first, nineteen  hundred  seventy-
 four  shall  hold office, in the order of their election, for such times
 that the term of one such regent will expire in each year on  the  first
 day  of  April.  Commencing  April first, nineteen hundred seventy-four,
 each regent shall be elected for a term of seven years, each  such  term
 to expire on the first day of April. Commencing on April first, nineteen
 hundred  ninety-four,  each  regent  shall be elected OR APPOINTED for a
 term of five years, each such term to expire on the first day of  April.
 [Each]  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND NINETEEN, EACH regent
 REPRESENTING AN EXISTING JUDICIAL  DISTRICT  shall  be  elected  by  the
 legislature  by  concurrent  resolution  in  the  preceding March, on or
 before the first Tuesday of such month.   If, however,  the  legislature
 fails  to  agree  on  such concurrent resolution by the first Tuesday of
 such month, then the two houses shall meet in joint session at  noon  on
 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
 
 REPRESENTING AN EXISTING JUDICIAL DISTRICT BY A TWO-THIRDS SUPERMAJORITY
 VOTE by joint ballot.  ALL REGENTS CANDIDATES MUST BE ANNOUNCED PUBLICLY
 AT LEAST TWENTY-ONE DAYS PRIOR TO THE ELECTION BY JOINT BALLOT.
   (B)  COMMENCING  JANUARY FIRST, TWO THOUSAND NINETEEN, UPON EXPIRATION
 OF A FULL TERM OR A VACANCY IN SUCH OFFICE, THE FOUR REGENTS NOT REPRES-
 ENTING AN EXISTING JUDICIAL DISTRICT SHALL BE APPOINTED  IN  SUCH  ORDER
 UNTIL ALL FOUR OFFICES ARE FILLED:
   (I)  ONE  REGENT  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   (II) ONE REGENT SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (III) ONE REGENT SHALL BE APPOINTED BY  THE  MINORITY  LEADER  OF  THE
 SENATE;
   (IV)  ONE  REGENT  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
 ASSEMBLY.
   (C) VACANCIES IN THE OFFICE OF ONE OF THE FOUR REGENTS APPOINTED UNDER
 THIS SUBDIVISION SHALL BE FILLED IN THE  MANNER  PROVIDED  FOR  ORIGINAL
 APPOINTMENT.  ALL  VACANCIES  IN  SUCH OFFICE AFTER ORIGINAL APPOINTMENT
 SHALL BE FILLED SO THAT THERE SHALL ALWAYS BE IN THE MEMBERSHIP  OF  THE
 BOARD  OF REGENTS AT LEAST ONE APPOINTEE BY EACH OF THE FOUR LEGISLATIVE
 LEADERS.
   2. All vacancies in such office, either for full or  unexpired  terms,
 shall  be  so filled that there shall always be in the membership of the
 board of  regents  at  least  one  resident  of  each  of  the  judicial
 districts.    A vacancy in the office of regent REPRESENTING AN EXISTING
 JUDICIAL DISTRICT for other cause than expiration  of  term  of  service
 shall  be filled for the unexpired term by an election at the session of
 the  legislature  immediately  following  such  vacancy  in  the  manner
 prescribed  in  the  preceding  paragraph,  unless the legislature is in
 session when such vacancy occurs, in which case  the  vacancy  shall  be
 filled  by  such  legislature in the manner prescribed in [the preceding
 paragraph] SUBDIVISION  ONE  OF  THIS  SECTION,  except  as  hereinafter
 provided.  However,  if  such vacancy occurs after the second Tuesday in
 March and before a resolution to adjourn sine die has  been  adopted  by
 either house, then the vacancy shall be filled by concurrent resolution,
 unless  the  legislature  fails  to  agree on such concurrent resolution
 within three legislative days after its passage by one house,  in  which
 case  the  two  houses  shall  meet in joint session at noon on the next
 legislative day and proceed to  elect  such  regent  by  joint  ballots;
 provided,  however,  that  if  the  vacancy  occur after the adoption by
 either house of a resolution to adjourn sine die, then the vacancy shall
 be filled  at  the  next  session  of  the  legislature  in  the  manner
 prescribed in the preceding paragraph.
   §  2.  The  education  law is amended by adding a new section 207-b to
 read as follows:
   § 207-B. LEGISLATIVE APPROVAL FOR UNFUNDED MANDATES.  1.  AS  USED  IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
 PERFORMING  OR  ADMINISTERING  ANY  PROGRAM,  PROJECT, OR ACTIVITY AFTER
 SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL
 DISTRICT IN RELATION TO SUCH PROGRAM, PROJECT,  OR  ACTIVITY,  INCLUDING
 BUT NOT LIMITED TO:
   (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
 ITY;
   (II)  STATE  OR  FEDERAL  FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
 ACTIVITY; AND

 A. 891                              3
 
   (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
 NATION  OF  ANY  OTHER  PROGRAM,  PROJECT,  OR  ACTIVITY  THAT STATE LAW
 REQUIRES SUCH SCHOOL DISTRICT TO PROVIDE OR UNDERTAKE.
   (B) "UNFUNDED MANDATE" MEANS:
   (I)  ANY RULE OR REGULATION THAT REQUIRES A SCHOOL DISTRICT TO PROVIDE
 OR UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY  THAT  RESULTS  IN  AN
 ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT IN EXCESS OF TEN THOU-
 SAND  DOLLARS  OR  AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL SCHOOL
 DISTRICTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
   (II) ANY RULE OR REGULATION THAT REQUIRES A SCHOOL DISTRICT TO PROVIDE
 A HIGHER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
 ACTIVITY THAT RESULTS IN AN ANNUAL NET ADDITIONAL  COST  TO  ANY  SCHOOL
 DISTRICT  IN  EXCESS  OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
 ADDITIONAL COST TO ALL SCHOOL DISTRICTS WITHIN THE STATE  IN  EXCESS  OF
 ONE MILLION DOLLARS; OR
   (III)  ANY  RULE  OR  REGULATION  WITH  A LEGAL REQUIREMENT THAT WOULD
 OTHERWISE LIKELY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS  OF
 TEN  THOUSAND DOLLARS IN ANY SCHOOL DISTRICT OR IN EXCESS OF ONE MILLION
 DOLLARS STATEWIDE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO RULE  OR  REGULATION
 CONTAINING  AN  UNFUNDED MANDATE SHALL BE ADOPTED BY THE COMMISSIONER OR
 THE BOARD OF REGENTS, EXCEPT BY A MAJORITY VOTE OF THE LEGISLATURE.
   § 3. This act shall take effect immediately.