S T A T E O F N E W Y O R K
________________________________________________________________________
2071
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
___________
Introduced by M. of A. RA, GRAF, MONTESANO, RAIA, DiPIETRO, WALTER,
GOODELL, FINCH, McDONOUGH, GARBARINO, MALLIOTAKIS, GIGLIO, McLAUGHLIN,
McKEVITT, SALADINO, MURRAY, FRIEND -- Multi-Sponsored by -- M. of A.
BARCLAY, BLANKENBUSH, CROUCH, HAWLEY, LOPEZ, PALMESANO -- 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:
§ 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amended, suspended or repealed by a smaller vote than that required for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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06690-01-7
A. 2071 2
rules or regulations. 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, 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 RESOL-
UTION 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
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.
§ 2. This act shall take effect immediately.