Bill Text: NY A00385 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 385 (Prior Session Legislation)

Introduced

Bill Title: Relates to requiring the board of regents to obtain legislative approval of any rule or regulation containing an unfunded mandate.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to education [A00385 Detail]

Download: New_York-2017-A00385-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           385
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of A. GUNTHER, JAFFEE, PEOPLES-STOKES, ARROYO, RAIA,
          MURRAY -- Multi-Sponsored by -- M. of A. COOK, GIGLIO, THIELE --  read
          once and referred to the Committee on Education
        AN ACT to amend the education law, in relation to requiring the board of
          regents  to  obtain  legislative  approval  of  any rule or regulation
          containing an unfunded mandate
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  207  of  the education law is amended to read as
     2  follows:
     3    § 207. Legislative power.  1. Subject and in conformity to the consti-
     4  tution and laws of the state, the  regents  shall  exercise  legislative
     5  functions  concerning the educational system of the state, determine its
     6  educational policies, and, except, as to the judicial functions  of  the
     7  commissioner  of education, establish rules for carrying into effect the
     8  laws and policies of the state, relating to  education,  and  the  func-
     9  tions, powers, duties and trusts conferred or charged upon the universi-
    10  ty  and the education department.  But no enactment of the regents shall
    11  modify in any degree the freedom of the governing body of  any  seminary
    12  for  the  training of priests or clergymen to determine and regulate the
    13  entire course of religious, doctrinal or theological instruction  to  be
    14  given  in  such institution.  No rule by which more than a majority vote
    15  shall be required for any specified  action  by  the  regents  shall  be
    16  amended,  suspended or repealed by a smaller vote than that required for
    17  action thereunder.  Rules or regulations, or amendments or repeals ther-
    18  eof, adopted or prescribed by the commissioner of education as  provided
    19  by  law shall not be effective unless and until approved by the regents,
    20  except where authority is conferred by the regents upon the commissioner
    21  of education to adopt, prescribe, amend or repeal such  rules  or  regu-
    22  lations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03779-01-7

        A. 385                              2
     1    2.  a. As used in this subdivision, the following terms shall have the
     2  following meanings:
     3    (i)  "Net  additional cost" means the cost or costs incurred or antic-
     4  ipated to be incurred by a school district in performing or  administer-
     5  ing  any  program,  project, or activity after subtracting therefrom any
     6  revenues received or receivable by such school district in  relation  to
     7  such program, project, or activity, including but not limited to:
     8    (A) fees charged to the recipients of such program, project, or activ-
     9  ity;
    10    (B)  state  or  federal  funds  received for such program, project, or
    11  activity; and
    12    (C) an offsetting savings resulting from the diminution or elimination
    13  of any other program, project, or activity that state law requires  such
    14  school district to provide or undertake.
    15    (ii) "Unfunded mandate" means:
    16    (A)  any rule or regulation that requires a school district to provide
    17  or undertake any new program, project or  activity  that  results  in  a
    18  one-time or annual net additional cost to such school district;
    19    (B)  any rule or regulation that requires a school district to provide
    20  a higher level of service or funding for an existing program, project or
    21  activity that results in a one-time or annual  net  additional  cost  to
    22  such school district; or
    23    (C)  any rule or regulation with a legal requirement that would other-
    24  wise likely have the effect of raising  property  taxes  in  any  school
    25  district.
    26    b.  Notwithstanding  any other provision of law, no rule or regulation
    27  containing an unfunded mandate shall be adopted by the board of  regents
    28  or the commissioner, except by a majority vote of the legislature.
    29    § 2. This act shall take effect immediately.