What's happening
This bill changes the process for selecting New York State Board of Regents members and requires legislative approval for costly unfunded education mandates.
Why it matters
Increases legislative oversight and transparency in Board of Regents appointments. By requiring a two-thirds supermajority for the election of most Regents and mandating public announcement of candidates 21 days in advance, the bill aims to make the selection process less partisan and more open to public scrutiny, potentially reducing political favoritism and increasing accountability.
Diversifies Regent appointments by legislative leadership. The four at-large Regents (those not representing a judicial district) will now be appointed by the majority and minority leaders of both legislative chambers, guaranteeing representation from both the majority and minority parties and potentially broadening the range of perspectives on the Board.
Imposes strict controls on costly unfunded mandates for schools. The bill defines and restricts “unfunded mandates” that would impose significant new costs on local school districts—either exceeding $10,000 for a single district or $1 million statewide—so that such rules or regulations cannot be enacted by the Commissioner or Regents without explicit majority approval from the legislature. This could protect school districts (and local taxpayers) from new state requirements that lack corresponding funding.
Shifts financial pressures and policy debates to the legislative arena. By requiring legislative approval for expensive mandates, the bill forces lawmakers to directly confront and debate the costs of new education requirements, likely increasing transparency about who is responsible for decisions that impact school budgets and property taxes.
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Who cares
Headline styles
Change How Regents Chosen
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
2 Multi-sponsors
History
- Held for consideration in education
- Referred to education
- Referred to education
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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 subdivision 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 seventyfour 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 seventeen, 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.
LBD03324-01-7
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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 seventeen, upon expiration of a full term or a vacancy in such office, the four regents not representing 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 anticipated 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 activity;
(ii) state or federal funds received for such program, project, or activity; and
A. 2700 3
(iii) an offsetting savings resulting from the diminution or elimination 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 thousand 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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