senate Bill S766A

2013-2014 Legislative Session

Establishes an office of education legal services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 766a
amend and recommit to finance
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

S766 - Bill Details

See Assembly Version of this Bill:
A70A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §75, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S813A, A510A
2009-2010: S1177, A3338

S766 - Bill Texts

view summary

Establishes an office of education legal services within the department of law which shall provide all legal services to school districts except for school districts in the cities of New York, Albany, Buffalo, Rochester, Syracuse and Yonkers.

view sponsor memo
BILL NUMBER:S766

TITLE OF BILL:
An act
to amend the executive law, in relation to the establishment of an
office of education legal services in the department of law to provide
all legal services to certain school districts

PURPOSE:
To create an office of education legal
services to eliminate
the use of outside and private legal counsel by school districts.

SUMMARY OF PROVISIONS:
The executive law is amended by adding a new
section 75 to allow the creation of the State Office of Education
Legal Services, which would be created under the State
Attorney-General's Office. The new office will provide all legal
services to the state's school districts, with the exception of the
school districts in the cities of New York, Albany, Buffalo,
Rochester, Syracuse and Yonkers.

JUSTIFICATION:
A state run education legal service would eliminate the
Occurrence of abuses by school hired outside legal counsel. These
abuses, which have come to light increasingly in recent years, have
deprived taxpayers of an efficiently run system, as well as an
unnecessary cut of their income. This new office for legal services
would not only ease property taxes, but it would also increase the
effectiveness and uniformity of the scholastic legal system. The
creation of the four regional offices proposed by this bill will
further this efficiency by being more closely tuned to the
differences in the state's demographics.

PRIOR LEGISLATIVE HISTORY:
2011-12: A.510-A/S.813-A
2009-10: A.3338/S.1177
2007-08: A.10172/S.7820

FISCAL IMPLICATIONS:
All expenses of this office shall be a state
charge.

EFFECTIVE DATE:
This act shall take effect immediately; provided,
however, that the office of higher education legal services shall be
established effective July 1, 2013.

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

    S. 766                                                     A. 70

                       2013-2014 Regular Sessions

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

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

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

AN ACT to amend the executive law, in relation to the  establishment  of
  an  office  of  education  legal  services in the department of law to
  provide all legal services to certain school districts

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

  Section  1. The executive law is amended by adding a new section 75 to
read as follows:
  S 75. OFFICE OF EDUCATION LEGAL SERVICES. 1.  THERE  SHALL  BE  ESTAB-
LISHED  WITHIN  THE  DEPARTMENT  OF  LAW A STATEWIDE OFFICE OF EDUCATION
LEGAL SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION,  SHALL
HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL
DISTRICTS  OF  THIS  STATE  CREATED  PURSUANT  TO  THE EDUCATION LAW, AS
FURTHER DEFINED IN THIS SUBDIVISION. FOR THE PURPOSES OF  THIS  SECTION,
"SCHOOL  DISTRICT"  SHALL  MEAN ALL SCHOOL DISTRICTS OF THE STATE EXCEPT
FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES-
TER, SYRACUSE AND YONKERS.
  2. NOTWITHSTANDING ANY PROVISION OF LAW, THE  ATTORNEY  GENERAL  SHALL
APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE,
A  DEPUTY  ATTORNEY  GENERAL  IN CHARGE OF THE OFFICE OF EDUCATION LEGAL
SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE
REMOVE, SUCH ASSISTANT DEPUTIES AND SUCH OTHER  PERSONS  AS  HE  OR  SHE
DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION.
  3.  ALL  APPOINTMENTS  PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION
SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01636-01-3

S. 766                              2                              A. 70

  4. THE ATTORNEY GENERAL  SHALL  ESTABLISH  REGIONAL  OFFICES  IN  LONG
ISLAND,  HUDSON/CAPITAL  DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK
IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED  IN
THIS SECTION.
  5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE.
  6.  ALL  SCHOOL  DISTRICTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION
SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL  ALSO  BE
PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES.
  S  2.  This act shall take effect immediately; provided, however, that
the office of education legal services shall  be  established  effective
July 1, 2013.

S766A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A70A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §75, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S813A, A510A
2009-2010: S1177, A3338

S766A (ACTIVE) - Bill Texts

view summary

Establishes an office of education legal services within the department of law which shall provide all legal services to school districts except for school districts in the cities of New York, Albany, Buffalo, Rochester, Syracuse and Yonkers.

view sponsor memo
BILL NUMBER:S766A

TITLE OF BILL: An act to amend the executive law, in relation to the
establishment of an office of education legal services in the department
of law to provide all legal services to certain school districts

PURPOSE:

To create an office of education legal services to eliminate the use of
outside and private legal counsel by school districts.

SUMMARY OF PROVISIONS:

The executive law is amended by adding a new section 75 to allow the
creation of the State Office of Education Legal Services, which would be
created under the State Attorney-General's Office. The new office will
provide all legal services to the state's school districts, with the
exception of the school districts in the cities of New York, Albany,
Buffalo, Rochester, Syracuse and Yonkers.

JUSTIFICATION:

A state run education legal service would eliminate the occurrence of
abuses by school hired outside legal counsel. These abuses, which have
come to light increasingly in recent years, have deprived taxpayers of
an efficiently run system, as well as an unnecessary cut of their
income. This new office for legal services would not only ease property
taxes, but it would also increase the effectiveness and uniformity of
the scholastic legal system. The creation of the four regional offices
proposed by this bill will further this efficiency by being more closely
tuned to the differences in the state's demographics.

PRIOR LEGISLATIVE HISTORY:

2011-12: A.510-A/S.813-A
2009-10: A.3338/S.1177
2007-08: A.10172/S.7820

FISCAL IMPLICATIONS:

All expenses of this office shall be a state charge.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that the
office of higher education legal services shall be established effective
July 1, 2014.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 766--A                                               A. 70--A

                       2013-2014 Regular Sessions

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

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed to be committed to the Committee on Finance --
  recommitted to the Committee on Finance in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Judiciary -- recommitted to the Committee on Judi-
  ciary in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the executive law, in relation to the establishment of
  an office of education legal services in  the  department  of  law  to
  provide all legal services to certain school districts

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

  Section 1. The executive law is amended by adding a new section 75  to
read as follows:
  S  75.  OFFICE  OF  EDUCATION LEGAL SERVICES. 1. THERE SHALL BE ESTAB-
LISHED WITHIN THE DEPARTMENT OF LAW  A  STATEWIDE  OFFICE  OF  EDUCATION
LEGAL  SERVICES, WHICH PURSUANT TO THE PROVISIONS OF THIS SECTION, SHALL
HAVE THE DUTY AND POWER TO PROVIDE ALL LEGAL SERVICES REQUIRED BY SCHOOL
DISTRICTS OF THIS STATE  CREATED  PURSUANT  TO  THE  EDUCATION  LAW,  AS
FURTHER  DEFINED  IN THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION,
"SCHOOL DISTRICT" SHALL MEAN ALL SCHOOL DISTRICTS OF  THE  STATE  EXCEPT
FOR SCHOOL DISTRICTS IN THE CITIES OF NEW YORK, ALBANY, BUFFALO, ROCHES-
TER, SYRACUSE AND YONKERS.
  2.  NOTWITHSTANDING  ANY  PROVISION OF LAW, THE ATTORNEY GENERAL SHALL
APPOINT AND EMPLOY, FIX HIS OR HER COMPENSATION, AND AT PLEASURE REMOVE,
A DEPUTY ATTORNEY GENERAL IN CHARGE OF THE  OFFICE  OF  EDUCATION  LEGAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01636-02-4

S. 766--A                           2                           A. 70--A

SERVICES. THE ATTORNEY GENERAL SHALL APPOINT AND EMPLOY, AND AT PLEASURE
REMOVE,  SUCH  ASSISTANT  DEPUTIES  AND  SUCH OTHER PERSONS AS HE OR SHE
DEEMS NECESSARY, DETERMINE THEIR DUTIES, AND FIX THEIR COMPENSATION.
  3.  ALL  APPOINTMENTS  PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION
SHALL BE SUBJECT TO CIVIL SERVICE EXAMINATION.
  4. THE ATTORNEY GENERAL  SHALL  ESTABLISH  REGIONAL  OFFICES  IN  LONG
ISLAND,  HUDSON/CAPITAL  DISTRICT, CENTRAL NEW YORK AND WESTERN NEW YORK
IN ORDER TO MORE EFFECTIVELY DISPENSE THE DUTIES AND POWERS PROVIDED  IN
THIS SECTION.
  5. ALL EXPENSES OF THIS OFFICE SHALL BE A STATE CHARGE.
  6.  ALL  SCHOOL  DISTRICTS  SUBJECT  TO THE PROVISIONS OF THIS SECTION
SHALL BE PROHIBITED FROM EMPLOYING ANY LEGAL COUNSEL AND SHALL  ALSO  BE
PROHIBITED FROM EXPENDING ANY PUBLIC FUNDS FOR SUCH PURPOSES.
  S  2.  This act shall take effect immediately; provided, however, that
the office of education legal services shall  be  established  effective
July 1, 2014.

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