senate Bill S1076

Requires the inclusion of a fiscal note with the adoption of resolutions or rules and regulations governing educational institutions, which have a fiscal impact

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 16 / May / 2011
    • 1ST REPORT CAL.655
  • 17 / May / 2011
    • 2ND REPORT CAL.
  • 18 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 18 / Apr / 2012
    • 1ST REPORT CAL.518
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 30 / Apr / 2012
    • PASSED SENATE
  • 30 / Apr / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / Apr / 2012
    • REFERRED TO HIGHER EDUCATION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A6610
Versions:
S1076
Legislative Cycle:
2011-2012
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง355, 6206 & 207, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S2922, S2922

Sponsor Memo

BILL NUMBER:S1076

TITLE OF BILL:

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

PURPOSE:

The purpose of the bill is to ensure that the SUNY Board of Trustees,
the CUNY Board of Trustees and the Board of Regents are aware of a
fiscal impact to the state when resolutions are adopted, or rules and
regulations are altered or amended.

SUMMARY OF PROVISIONS:

The first section amends section 355 of the education law to add a new
subparagraph requiring the SUNY Board of Trustees to have a fiscal
note prior to the adoption of any resolution or any alteration or
amendment to the rules and regulations that may require an increase
in the alteration or amendment to the rules and regulations that may
require an increase in the expenditures of state moneys in the fiscal
year of such adoption or of any future fiscal years. The fiscal note
would also be required to be attached to or part of said resolution.

The second and third sections would require the CUNY Board of Trustees
and the Board of Regents to secure fiscal notes in similar
circumstances

JUSTIFICATION:

Under current law, a fiscal note is not required prior to the adoption
of a resolution, alteration, or amendment to the rules and
regulations by the SUNY Board of Trustees, the CUNY Board of Trustees
or the Board of Regents. There are many instances when these boards
have adopted resolutions that require significant increases in state
funding in order to implement proposed changes.

These changes can cost millions, if not hundreds of millions of
dollars to put into effect; however there is no acknowledgment
regarding those costs when boards vote on these proposals. More
importantly, the public should be made fully aware of the potential
costs associated with the policy or regulation changes being
proposed. In addition, if presented with a realistic assessment of
such costs, these boards may be more willing to require staff to
pursue alternative proposals that may address the particular issue
but limit the overall cost to the state.

In essence, this bill will force these boards to recognize the true
costs associated with their proposals and be responsible for their
advancement.

LEGISLATIVE HISTORY:


2008: Passed Senate 55-0.

FISCAL IMPLICATIONS:

This bill would provide for an improved accounting of the expenditure
of taxpayer dollars without any additional expenditure.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1076

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  LAVALLE,  HANNON, JOHNSON, LARKIN, SALAND -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Finance

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:

  Section  1.  The  opening paragraph of paragraph b of subdivision 2 of
section 355 of the education law is designated subparagraph 1 and a  new
subparagraph 2 is added to read as follows:
  (2)  PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR AMEND-
MENT TO THE RULES AND  REGULATIONS  FOR  THE  GOVERNANCE  OF  THE  STATE
UNIVERSITY  AND THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN
THE EXPENDITURES OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION  OR
ANY  FUTURE  FISCAL  YEAR,  A  FISCAL NOTE SHALL BE REQUIRED WHICH SHALL
STATE THE AMOUNT IN DOLLARS THAT SHALL BE REQUIRED  FOR  THE  UNIVERSITY
SYSTEM  TO  FULFILL  THE  PROVISION  OF SUCH RESOLUTION OR ALTERATION OR
AMENDMENT TO SUCH RULES AND  REGULATIONS.  SUCH  FISCAL  NOTE  SHALL  BE
ATTACHED  TO  AND/OR  BE PART OF ANY RESOLUTION BY THE BOARD OF TRUSTEES
AMENDING OR ALTERING THE RULES AND REGULATIONS OF THE UNIVERSITY SYSTEM.
FOR THE PURPOSES OF THE PROVISIONS OF THIS SUBPARAGRAPH THE FISCAL  NOTE
SHALL BE APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE
BUDGET.
  S  2.  Section  6206  of  the education law is amended by adding a new
subdivision 17 to read as follows:
  17. PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR  AMEND-
MENT  TO  THE RULES AND REGULATIONS OR BY-LAWS OF THE CITY UNIVERSITY OF
NEW YORK BY THE TRUSTEES FOR THE GOVERNANCE OF THE CITY  UNIVERSITY  AND
THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE
OF STATE MONEYS IN THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06734-01-1

S. 1076                             2

YEAR,  A  FISCAL  NOTE SHALL BE REQUIRED WHICH SHALL STATE THE AMOUNT IN
DOLLARS THAT SHALL BE REQUIRED FOR THE UNIVERSITY SYSTEM TO FULFILL  THE
PROVISIONS  OF  SUCH RESOLUTION OR ALTERATION OR AMENDMENT TO SUCH RULES
AND  REGULATIONS  OR  BY-LAWS.    SUCH  FISCAL NOTE SHALL BE ATTACHED TO
AND/OR BE PART OF ANY RESOLUTION BY THE BOARD OF  TRUSTEES  AMENDING  OR
ALTERING  THE  RULES  AND  REGULATIONS OF THE UNIVERSITY SYSTEM. FOR THE
PURPOSES OF THE PROVISIONS OF THIS SUBDIVISION THE FISCAL NOTE SHALL  BE
APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 3. Section 207 of the education law is amended to read as follows:
  S 207. Legislative  power.  Subject and in conformity to the constitu-
tion and laws of the state, the regents shall exercise legislative func-
tions concerning the educational system  of  the  state,  determine  its
educational  policies,  and, except, as to the judicial functions of the
commissioner [of education], establish rules for  carrying  into  effect
the laws and policies of the state, relating to education, and the func-
tions, powers, duties and trusts conferred or charged upon the universi-
ty  and the education department.  But no enactment of the regents shall
modify in any degree the freedom of the governing body of  any  seminary
for  the  training of priests or clergymen to determine and regulate the
entire course of religious, doctrinal or theological instruction  to  be
given  in  such institution.  No rule by which more than a majority vote
shall be required for any specified  action  by  the  regents  shall  be
amended,  suspended or repealed by a smaller vote than that required for
action thereunder.  Rules or regulations, or amendments or repeals ther-
eof, adopted  or  prescribed  by  the  commissioner  [of  education]  as
provided  by law shall not be effective unless and until approved by the
regents, except where authority is conferred by  the  regents  upon  the
commissioner  [of  education]  to adopt, prescribe, amend or repeal such
rules or regulations.   PRIOR TO THE ADOPTION OF  A  RESOLUTION  OR  ANY
ALTERATION  OR  AMENDMENT TO THE RULES AND REGULATIONS PRESCRIBED BY THE
REGENTS THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE OF STATE MONEYS,
IN THE FISCAL YEAR OF SUCH ADOPTION OR ANY FUTURE FISCAL YEAR, A  FISCAL
NOTE  SHALL  BE  REQUIRED  WHICH  SHALL STATE THE AMOUNT IN DOLLARS THAT
SHALL BE REQUIRED TO FULFILL THE PROVISIONS OF SUCH RESOLUTION OR ALTER-
ATION OR AMENDMENT TO SUCH RULES AND REGULATIONS. SUCH FISCAL NOTE SHALL
BE ATTACHED TO AND/OR BE PART OF ANY RESOLUTION BY THE REGENTS  AMENDING
OR  ALTERING  THE  RULES  AND  REGULATIONS.  FOR  THE  PURPOSES  OF  THE
PROVISIONS OF THIS SECTION, SUCH FISCAL NOTE SHALL BE  APPROVED  BY  THE
COMMISSIONER AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 4. This act shall take effect immediately.

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