S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2754
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of  A.  KOLB,  FINCH, CORWIN, RAIA, STEC, PALMESANO,
         GIGLIO -- 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  FIFTEEN, 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
   24  REPRESENTING AN EXISTING JUDICIAL DISTRICT BY A TWO-THIRDS SUPERMAJORITY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02543-01-5
       A. 2754                             2
    1  VOTE by joint ballot.  ALL REGENTS CANDIDATES MUST BE ANNOUNCED PUBLICLY
    2  AT LEAST TWENTY-ONE DAYS PRIOR TO THE ELECTION BY JOINT BALLOT.
    3    (B) COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN, UPON EXPIRATION OF
    4  A FULL TERM OR A VACANCY IN SUCH OFFICE, THE FOUR REGENTS NOT REPRESENT-
    5  ING AN EXISTING JUDICIAL DISTRICT SHALL BE APPOINTED IN SUCH ORDER UNTIL
    6  ALL FOUR OFFICES ARE FILLED:
    7    (I)  ONE  REGENT  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
    8  SENATE;
    9    (II) ONE REGENT SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   10    (III) ONE REGENT SHALL BE APPOINTED BY  THE  MINORITY  LEADER  OF  THE
   11  SENATE;
   12    (IV)  ONE  REGENT  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
   13  ASSEMBLY.
   14    (C) VACANCIES IN THE OFFICE OF ONE OF THE FOUR REGENTS APPOINTED UNDER
   15  THIS SUBDIVISION SHALL BE FILLED IN THE  MANNER  PROVIDED  FOR  ORIGINAL
   16  APPOINTMENT.  ALL  VACANCIES  IN  SUCH OFFICE AFTER ORIGINAL APPOINTMENT
   17  SHALL BE FILLED SO THAT THERE SHALL ALWAYS BE IN THE MEMBERSHIP  OF  THE
   18  BOARD  OF REGENTS AT LEAST ONE APPOINTEE BY EACH OF THE FOUR LEGISLATIVE
   19  LEADERS.
   20    2. All vacancies in such office, either for full or  unexpired  terms,
   21  shall  be  so filled that there shall always be in the membership of the
   22  board of  regents  at  least  one  resident  of  each  of  the  judicial
   23  districts.    A vacancy in the office of regent REPRESENTING AN EXISTING
   24  JUDICIAL DISTRICT for other cause than expiration  of  term  of  service
   25  shall  be filled for the unexpired term by an election at the session of
   26  the  legislature  immediately  following  such  vacancy  in  the  manner
   27  prescribed  in  the  preceding  paragraph,  unless the legislature is in
   28  session when such vacancy occurs, in which case  the  vacancy  shall  be
   29  filled  by  such  legislature in the manner prescribed in [the preceding
   30  paragraph] SUBDIVISION  ONE  OF  THIS  SECTION,  except  as  hereinafter
   31  provided.  However,  if  such vacancy occurs after the second Tuesday in
   32  March and before a resolution to adjourn sine die has  been  adopted  by
   33  either house, then the vacancy shall be filled by concurrent resolution,
   34  unless  the  legislature  fails  to  agree on such concurrent resolution
   35  within three legislative days after its passage by one house,  in  which
   36  case  the  two  houses  shall  meet in joint session at noon on the next
   37  legislative day and proceed to  elect  such  regent  by  joint  ballots;
   38  provided,  however,  that  if  the  vacancy  occur after the adoption by
   39  either house of a resolution to adjourn sine die, then the vacancy shall
   40  be filled  at  the  next  session  of  the  legislature  in  the  manner
   41  prescribed in the preceding paragraph.
   42    S  2.  The  education  law is amended by adding a new section 207-b to
   43  read as follows:
   44    S 207-B. LEGISLATIVE APPROVAL FOR UNFUNDED MANDATES.  1.  AS  USED  IN
   45  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   46    (A)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
   47  IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL  DISTRICT  IN
   48  PERFORMING  OR  ADMINISTERING  ANY  PROGRAM,  PROJECT, OR ACTIVITY AFTER
   49  SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL
   50  DISTRICT IN RELATION TO SUCH PROGRAM, PROJECT,  OR  ACTIVITY,  INCLUDING
   51  BUT NOT LIMITED TO:
   52    (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
   53  ITY;
   54    (II)  STATE  OR  FEDERAL  FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
   55  ACTIVITY; AND
       A. 2754                             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    S 3. This act shall take effect immediately.