NY State Senate Bill 2013-S4416

Senate Bill S4416

2013-2014 Legislative Session

Requires the inclusion of a fiscal note with the adoption of resolutions or rules and regulations governing educational institutions, which have a fiscal impact

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Archive: Last Bill Status - In Senate Committee Higher Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to higher education
Mar 27, 2013	referred to higher education

co-Sponsors

2013-S4416 (ACTIVE) - Details

See Assembly Version of this Bill:: A6427
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 207, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2922
2011-2012: S1076, A6610
2015-2016: S2112, A3042
2017-2018: S2548, A8725

2013-S4416 (ACTIVE) - Summary

Requires the inclusion of a fiscal note with the adoption of a resolution or change in the rules and regulations governing educational institutions which have a fiscal impact.

2013-S4416 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4416

TITLE OF BILL:  An act to amend the education law, in relation to the
inclusion of fiscal notes with certain resolutions or rules and
regulations adopted by educational institutions

PURPOSE:

The purpose of the bill is to ensure that the SUNY Board of Trustees,
the CUNY Board of Trustees and the Board of Regents are aware of a
fiscal impact to the state when resolutions are adopted, or rules and
regulations are altered or amended.

SUMMARY OF PROVISIONS:

The first section amends section 355 of the education law to add a new
subparagraph requiring the SUNY Board of Trustees to have a fiscal
note prior to the adoption of any resolution or any alteration or
amendment to the rules and regulations that may require an increase in
the alteration or amendment to the rules and regulations that may
require an increase in the expenditures of state moneys in the fiscal
year of such adoption or of any future fiscal years. The fiscal note
would also be required to be attached to or part of said resolution.

The second and third sections would require the CUNY Board of Trustees
and the Board of Regents to secure fiscal notes in similar

circumstances.

JUSTIFICATION:

Under current law, a fiscal note is not required prior to the adoption
of a resolution, alteration, or amendment to the rules and regulations
by the SUNY Board of Trustees, the CUNY Board of Trustees or the Board
of Regents. There are many instances when these boards have adopted
resolutions that require significant increases in state funding in
order to implement proposed changes. These changes can cost millions,
if not hundreds of millions of dollars to put into effect; however
there is no acknowledgment regarding those costs when boards vote on
these proposals. More importantly, the public should he made fully
aware of the potential costs associated with the policy or regulation
changes being proposed. In addition, if presented with a realistic
assessment of such costs, these boards may be more willing to require
staff to pursue alternative proposals that may address the particular
issue but limit the overall cost to the state.  In essence, this bill
will force these boards to recognize the true costs associated with
their proposals and be responsible for their advancement.

LEGISLATIVE HISTORY:

2001-02, S.4287A.294; 2003-2004, S.294/A.2398; 2005-06, S.557/A.3197;
2007-08, S.1244; 2009-10 S.2922; 2011-12 S.1076/A.6610.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:


This act shall take effect immediately.

2013-S4416 (ACTIVE) - Bill Text download pdf

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

    S. 4416                                                  A. 6427

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 27, 2013
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, DeFRANCISCO, LARKIN, MARTINS,
  ZELDIN -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Higher Education

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  inclusion  of
  fiscal notes with certain resolutions or rules and regulations adopted
  by educational institutions

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

  Section 1. The opening paragraph of paragraph b of  subdivision  2  of
section  355 of the education law is designated subparagraph 1 and a new
subparagraph 2 is added to read as follows:
  (2) PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR  AMEND-
MENT  TO  THE  RULES  AND  REGULATIONS  FOR  THE GOVERNANCE OF THE STATE
UNIVERSITY AND THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE  IN
THE  EXPENDITURES OF STATE MONEYS 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 FOR THE UNIVERSITY
SYSTEM TO FULFILL THE PROVISION OF  SUCH  RESOLUTION  OR  ALTERATION  OR
AMENDMENT  TO  SUCH  RULES  AND  REGULATIONS.  SUCH FISCAL NOTE SHALL BE
ATTACHED TO AND/OR BE PART OF ANY RESOLUTION BY THE  BOARD  OF  TRUSTEES
AMENDING OR ALTERING THE RULES AND REGULATIONS OF THE UNIVERSITY SYSTEM.
FOR  THE PURPOSES OF THE PROVISIONS OF THIS SUBPARAGRAPH THE FISCAL NOTE
SHALL BE APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE
BUDGET.
  S 2. Section 6206 of the education law is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  PRIOR TO THE ADOPTION OF A RESOLUTION OR ANY ALTERATION OR AMEND-
MENT TO THE RULES AND REGULATIONS OR BY-LAWS OF THE CITY  UNIVERSITY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09792-01-3

S. 4416                             2                            A. 6427

NEW  YORK  BY THE TRUSTEES FOR THE GOVERNANCE OF THE CITY UNIVERSITY AND
THE INSTITUTIONS THEREIN THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE
OF STATE MONEYS 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 FOR THE UNIVERSITY SYSTEM TO FULFILL  THE
PROVISIONS  OF  SUCH RESOLUTION OR ALTERATION OR AMENDMENT TO SUCH RULES
AND REGULATIONS OR BY-LAWS.   SUCH FISCAL  NOTE  SHALL  BE  ATTACHED  TO
AND/OR  BE  PART  OF ANY RESOLUTION BY THE BOARD OF TRUSTEES AMENDING OR
ALTERING THE RULES AND REGULATIONS OF THE  UNIVERSITY  SYSTEM.  FOR  THE
PURPOSES  OF THE PROVISIONS OF THIS SUBDIVISION THE FISCAL NOTE SHALL BE
APPROVED BY THE CHANCELLOR AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 3. 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  regulations.    PRIOR  TO THE ADOPTION OF A RESOLUTION OR ANY
ALTERATION OR AMENDMENT TO THE RULES AND REGULATIONS PRESCRIBED  BY  THE
REGENTS THAT MAY REQUIRE AN INCREASE IN THE EXPENDITURE OF STATE MONEYS,
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
PROVISIONS  OF  THIS  SECTION, SUCH FISCAL NOTE SHALL BE APPROVED BY THE
COMMISSIONER AND SECURED FROM THE DIVISION OF THE BUDGET.
  S 4. This act shall take effect immediately.

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Senate Bill S4416

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

John A. DeFrancisco

William Larkin

Jack M. Martins

Lee M. Zeldin

2013-S4416 (ACTIVE) - Details

2013-S4416 (ACTIVE) - Summary

2013-S4416 (ACTIVE) - Sponsor Memo

2013-S4416 (ACTIVE) - Bill Text download pdf

Comments