Assembly Bill A4812

2013-2014 Legislative Session

Relates to attorney's fees for disciplinary proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A4812 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §3020-a, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9750
2015-2016: A6492
2017-2018: A756
2019-2020: A528
2021-2022: A1645

2013-A4812 (ACTIVE) - Summary

Relates to attorneys fees for disciplinary proceedings.

2013-A4812 (ACTIVE) - Bill Text download pdf 

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

                                  4812

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M. of A. PERRY, NOLAN, BENEDETTO, GOLDFEDER, SIMANOWITZ,
  PAULIN -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to  attorney's  fees  for
  disciplinary proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3020-a of the education law is amended by adding  a
new subdivision 6 to read as follows:
  6.  ATTORNEY'S  FEES.  NOTWITHSTANDING  ANY  LAWS TO THE CONTRARY, ANY
PRIVATE ATTORNEY RETAINED OR OTHERWISE EMPLOYED BY A SCHOOL DISTRICT  TO
REPRESENT  THE  SCHOOL  DISTRICT  IN  ANY  PROCEEDINGS  PURSUANT TO THIS
SECTION SHALL BE PAID AN HOURLY RATE NOT TO EXCEED THE HOURLY RATE  PAID
TO  THE  HIGHEST  PAID ATTORNEY OR LEGAL OFFICER EMPLOYED AS A FULL-TIME
EMPLOYEE BY THE SCHOOL DISTRICT. IN THE EVENT THAT THE  SCHOOL  DISTRICT
DOES  NOT  EMPLOY A FULL-TIME ATTORNEY OR LEGAL OFFICER, THE HOURLY RATE
OF THE HIGHEST PAID ATTORNEY OR LEGAL OFFICER EMPLOYED  AS  A  FULL-TIME
EMPLOYEE  BY  THE  COUNTY  OR  COUNTIES  IN WHICH THE SCHOOL DISTRICT IS
LOCATED SHALL NOT BE EXCEEDED. FOR THE PURPOSES OF THIS SUBDIVISION, THE
HOURLY RATE SHALL BE COMPUTED BY DIVIDING ANNUAL SALARY OF THE  ATTORNEY
OR LEGAL OFFICER BY THE TOTAL NUMBER OF HOURS THAT THE ATTORNEY OR LEGAL
OFFICER  IS  REQUIRED  BY  LAW  OR  CONTRACTUAL AGREEMENT TO WORK IN ANY
CALENDAR YEAR. PROVIDED, HOWEVER, THAT IF THE SCHOOL DISTRICT DESIRES TO
PROVIDE FOR A COMPENSATION GREATER  THAN  WHAT  IS  AUTHORIZED  BY  THIS
SUBDIVISION, THE SCHOOL DISTRICT MAY SEEK A WAIVER FROM THE REQUIREMENTS
OF THIS SUBDIVISION FROM THE COMMISSIONER, UPON GOOD CAUSE SHOWN.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00071-01-3

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