S T A T E   O F   N E W   Y O R K
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                                  8176

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                           September 18, 2013
                               ___________

Introduced  by M. of A. RA -- read once and referred to the Committee on
  Education

AN ACT to amend the education law, in relation to  legislative  approval
  of  all policy adopted by the board of regents that would have a cumu-
  lative impact of over one million dollars statewide

  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.  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amended,  suspended or repealed by a smaller vote than that required for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  regu-
lations.    PRIOR  TO  THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OF
AMENDMENT TO THE RULES AND REGULATIONS PRESCRIBED BY  THE  REGENTS  THAT
MAY  REQUIRE  A CUMULATIVE IMPACT OF OVER ONE MILLION DOLLARS STATEWIDE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11750-01-3
              

A. 8176                             2

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 PROVISION
OF THIS SECTION, SUCH FISCAL NOTE SHALL BE APPROVED BY THE COMMISSIONER,
SECURED FROM THE DIVISION OF BUDGET  AND  SUBJECT  TO  APPROVAL  BY  THE
LEGISLATURE.
  S 2. This act shall take effect immediately.