Bill Text: NY S03328 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the regents to include certain information with respect to increased costs when altering or amending rules or regulations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S03328 Detail]

Download: New_York-2019-S03328-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3328
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sens. LAVALLE, SERINO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Higher Education
        AN ACT to amend the education law, in relation to the legislative  power
          of the regents
          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
     8  the 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    16  amended,  suspended or repealed by a smaller vote than that required for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 there-
    18  of, 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.
    23    2. Any resolution that alters or amends the rules  or  regulations  as
    24  established by the regents shall include the following information:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08468-01-9
        S. 3328                             2
     1    a.  the  entity  and/or  the individuals that are expected to bear the
     2  burden of any increase in cost that such altered  or  amended  rules  or
     3  regulations may directly or indirectly affect.
     4    b.  the  exact  source or sources from which the funds to pay for such
     5  increase in cost shall be made available. If the funds are  expected  to
     6  come from the state general fund then the regents shall identify specif-
     7  ically  what  other  state  funding  shall  be  reduced  to pay for such
     8  increase in cost. If the funds are  expected  to  come  from  the  state
     9  general  fund as a result of an increase in taxes then the regents shall
    10  identify the type and the amount of tax increase necessary to fully fund
    11  such increase in cost.
    12    c. if the regents determine that such increase in cost is to  be  paid
    13  from local property taxes, the expected increase in cost for each school
    14  district affected by such altered or amended rules or regulations.
    15    d.  if  some  combination of reallocated state funds, new or increased
    16  taxes or local property taxes are to be used to fund  such  increase  in
    17  cost,  the  regents  shall provide the information as set forth in para-
    18  graphs a, b and c of this subdivision as they proportionately affect the
    19  total increase in costs upon the adoption of such rules or regulations.
    20    § 2. This act shall take effect immediately.