Bill Text: NY A08725 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires the inclusion of a fiscal note with the adoption of a resolution or change in the rules and regulations governing educational institutions which have a fiscal impact.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-05 - held for consideration in higher education [A08725 Detail]
Download: New_York-2017-A08725-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8725 2017-2018 Regular Sessions IN ASSEMBLY October 20, 2017 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the inclusion of fiscal notes with certain resolutions or rules and regulations adopted by educational institutions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of paragraph b of subdivision 2 of 2 section 355 of the education law is designated subparagraph 1 and a new 3 subparagraph 2 is added to read as follows: 4 (2) Prior to the adoption of a resolution or any alteration or amend- 5 ment to the rules and regulations for the governance of the state 6 university and the institutions therein that may require an increase in 7 the expenditures of state moneys in the fiscal year of such adoption or 8 any future fiscal year, a fiscal note shall be required which shall 9 state the amount in dollars that shall be required for the university 10 system to fulfill the provision of such resolution or alteration or 11 amendment to such rules and regulations. Such fiscal note shall be 12 attached to and/or be part of any resolution by the board of trustees 13 amending or altering the rules and regulations of the university system. 14 For the purposes of the provisions of this subparagraph the fiscal note 15 shall be approved by the chancellor and secured from the division of the 16 budget. 17 § 2. Section 6206 of the education law is amended by adding a new 18 subdivision 20 to read as follows: 19 20. Prior to the adoption of a resolution or any alteration or amend- 20 ment to the rules and regulations or by-laws of the city university of 21 New York by the trustees for the governance of the city university and 22 the institutions therein that may require an increase in the expenditure 23 of state moneys in the fiscal year of such adoption or any future fiscal 24 year, a fiscal note shall be required which shall state the amount in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07980-02-7A. 8725 2 1 dollars that shall be required for the university system to fulfill the 2 provisions of such resolution or alteration or amendment to such rules 3 and regulations or by-laws. Such fiscal note shall be attached to 4 and/or be part of any resolution by the board of trustees amending or 5 altering the rules and regulations of the university system. For the 6 purposes of the provisions of this subdivision the fiscal note shall be 7 approved by the chancellor and secured from the division of the budget. 8 § 3. Section 207 of the education law is amended to read as follows: 9 § 207. Legislative power. Subject and in conformity to the constitu- 10 tion and laws of the state, the regents shall exercise legislative func- 11 tions concerning the educational system of the state, determine its 12 educational policies, and, except, as to the judicial functions of the 13 commissioner [of education], establish rules for carrying into effect 14 the laws and policies of the state, relating to education, and the func- 15 tions, powers, duties and trusts conferred or charged upon the universi- 16 ty and the education department. But no enactment of the regents shall 17 modify in any degree the freedom of the governing body of any seminary 18 for the training of priests or clergymen to determine and regulate the 19 entire course of religious, doctrinal or theological instruction to be 20 given in such institution. No rule by which more than a majority vote 21 shall be required for any specified action by the regents shall be 22 amended, suspended or repealed by a smaller vote than that required for 23 action thereunder. Rules or regulations, or amendments or repeals ther- 24 eof, adopted or prescribed by the commissioner [of education] as 25 provided by law shall not be effective unless and until approved by the 26 regents, except where authority is conferred by the regents upon the 27 commissioner [of education] to adopt, prescribe, amend or repeal such 28 rules or regulations. Prior to the adoption of a resolution or any 29 alteration or amendment to the rules and regulations prescribed by the 30 regents that may require an increase in the expenditure of state moneys, 31 in the fiscal year of such adoption or any future fiscal year, a fiscal 32 note shall be required which shall state the amount in dollars that 33 shall be required to fulfill the provisions of such resolution or alter- 34 ation or amendment to such rules and regulations. Such fiscal note shall 35 be attached to and/or be part of any resolution by the regents amending 36 or altering the rules and regulations. For the purposes of the 37 provisions of this section, such fiscal note shall be approved by the 38 commissioner and secured from the division of the budget. 39 § 4. This act shall take effect immediately.
