Assembly Bill A756

2017-2018 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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2017-A756 (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
2013-2014: A4812
2015-2016: A6492
2019-2020: A528
2021-2022: A1645

2017-A756 (ACTIVE) - Summary

Relates to attorney's fees for disciplinary proceedings.

2017-A756 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    756
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. PERRY, BENEDETTO, 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.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06431-01-7

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