senate Bill S1564

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.319
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 18 / Mar / 2014
    • 1ST REPORT CAL.308
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 30 / Apr / 2014
    • PASSED SENATE
  • 30 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 30 / Apr / 2014
    • REFERRED TO EDUCATION

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9587
Versions:
S1564
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง207, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1806, S1806
2009-2010: S874, S874

Sponsor Memo

BILL NUMBER:S1564

TITLE OF BILL:
An act
to amend the education law, in relation to the legislative power of the
regents

PURPOSE:
To provide a listing of all costs associated with proposals put forth
by the board of regents

SUMMARY OF PROVISIONS:

Section 207 of the education law defines the legislative power that
the board of regents can exercise including establishment of rules.
This section also defines those bodies that are exempt from those
legislative powers.

A new paragraph is added to ensure that any resolution that alters or
amends the rules or regulations set by the regents shall provide
the following information:

* Those entities that expected to be affected by increase in costs
proposed;

* Source of income to pay for increases, whether it be from the general
fund or other funds;

* Identify type of tax increase necessary to fund proposal

* If increase in tax is to come from local property taxes, list expected
increase by school district

* If combination of funds are to be used, information regarding costs
shall be provided by the regents

JUSTIFICATION:

This bill would enhance the accountability and transparency citizens
of New York State have come to expect from governmental agencies
A listing of increased costs should be provided for public view.

LEGISLATIVE HISTORY:
2011-12 S.1806; 2009-10 S.874; 2007-08, S.5563.

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
Immediately

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

                                  1564

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- 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:

  Section 1. Section 207 of the education law  is  amended  to  read  as
follows:
  S 207. Legislative  power. 1. Subject and in conformity to the consti-
tution and laws of the state, the  regents  shall  exercise  legislative
functions  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 there-
of, 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 regu-
lations.
  2. ANY RESOLUTION THAT ALTERS OR AMENDS THE RULES  OR  REGULATIONS  AS
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.
                                                           LBD06164-01-3

S. 1564                             2

  A.  THE  ENTITY  AND/OR  THE INDIVIDUALS THAT ARE EXPECTED TO BEAR THE
BURDEN OF ANY INCREASE IN COST THAT SUCH ALTERED  OR  AMENDED  RULES  OR
REGULATIONS MAY DIRECTLY OR INDIRECTLY AFFECT.
  B.  THE  EXACT  SOURCE OR SOURCES FROM WHICH THE FUNDS TO PAY FOR SUCH
INCREASE IN COST SHALL BE MADE AVAILABLE. IF THE FUNDS ARE  EXPECTED  TO
COME FROM THE STATE GENERAL FUND THEN THE REGENTS SHALL IDENTIFY SPECIF-
ICALLY  WHAT  OTHER  STATE  FUNDING  SHALL  BE  REDUCED  TO PAY FOR SUCH
INCREASE IN COST. IF THE FUNDS ARE  EXPECTED  TO  COME  FROM  THE  STATE
GENERAL  FUND AS A RESULT OF AN INCREASE IN TAXES THEN THE REGENTS SHALL
IDENTIFY THE TYPE AND THE AMOUNT OF TAX INCREASE NECESSARY TO FULLY FUND
SUCH INCREASE IN COST.
  C. IF THE REGENTS DETERMINE THAT SUCH INCREASE IN COST IS TO  BE  PAID
FROM LOCAL PROPERTY TAXES, THE EXPECTED INCREASE IN COST FOR EACH SCHOOL
DISTRICT AFFECTED BY SUCH ALTERED OR AMENDED RULES OR REGULATIONS.
  D.  IF  SOME  COMBINATION OF REALLOCATED STATE FUNDS, NEW OR INCREASED
TAXES OR LOCAL PROPERTY TAXES ARE TO BE USED TO FUND  SUCH  INCREASE  IN
COST,  THE  REGENTS  SHALL PROVIDE THE INFORMATION AS SET FORTH IN PARA-
GRAPHS A, B AND C OF THIS SUBDIVISION AS THEY PROPORTIONATELY AFFECT THE
TOTAL INCREASE IN COSTS UPON THE ADOPTION OF SUCH RULES OR REGULATIONS.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.