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 amended,  suspended or repealed by a smaller vote than that required for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.