S T A T E O F N E W Y O R K
________________________________________________________________________
874
2009-2010 Regular Sessions
I N S E N A T E
January 21, 2009
___________
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amended, suspended or repealed by a smaller vote than that required for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.
LBD06050-01-9
S. 874 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.