Assembly Bill A9587

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

                                  9587

                          I N  A S S E M B L Y

                               May 9, 2014
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on 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amended,  suspended or repealed by a smaller vote than that required for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:
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06164-01-3
              

A. 9587                             2

  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.